The Principle of Fairness in International AI Law in the Making
摘要
As the potential and the risks of artificial intelligence are becoming increasingly evident, the number of international organisations that aim to regulate the use of this technology is also growing. The question arises of what the parallel preparation and adoption of the instruments mean for legal and regulatory development. Will these instruments contradict each other and result in conflicting rights and obligations, or can they serve as complementary pieces of a larger normative framework? Would this process lead to a fragmented international legal landscape, or is there still room to harmonise the developing legal frameworks and determine common norms and principles? This chapter contains a comparative analysis of the normative frameworks developed by the OECD, UNESCO, the EU and the Council of Europe, focusing in particular on how they address the principle of fairness and non-discrimination in the context of regulating the use of AI systems. Our aim is to identify the risks and the challenges that may arise from these parallel processes. At the end of the chapter, we will also offer a set of recommendations and practical steps that could facilitate harmonious developments in this new field of law that we may call an emerging ‘international AI law.’