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Regulating the Spread of Global ‘Intelligentization’

  • ‘Killer Flying Robots Are Here. What Do We Do Now?’, ‘A Military Drone With A Mind Of Its Own Was Used In Combat, U.N. Says’ and ‘Possible First Use of AI-Armed Drones Triggers Alarm Bells’ – these are just some headlines to a report issued by the UN Panel of Experts on Libya. What caught the international attention was the panel’s description of the following scene in Libya’s civil war: ‘[Forces] were […] hunted down and remotely engaged by the un-manned combat aerial vehicles or the lethal autonomous weapons systems such as the STM Kargu-2 […]. The lethal autonomous weapons systems were programmed to attack targets without requiring data connectivity between the operator and the munition: in effect, a true “fire, forget and find” capability.’ However, the disruptive potential of AI is not limited to out-of-control killer drones or the military context in general – nor does it only have a negative potential. AI and its global trade promote international development and technological innovation, thereby improving lives. Therefore, the efforts to build a legal and policy framework to harness AI’s benefits and thwart its dangers is in full swing. States, the European Union, international organizations, NGOs, and scholars alike come up with ways of achieving that end. The approaches to the issue are manifold. However, most focus either on instating rules on the development of AI, for instance, how to ensure AI is built ethically or on its use, ie, banning its use in lethal auto-nomous weapon systems (LAWS). Whereas all these efforts are important, a further layer of protection has not gained much traction: regulating AI’s global trade so that responsible actors can use it to benefit humankind while preventing it from ending up in the hands of irresponsible actors. The legal instrument to achieve this end is international export control law. It aims to mitiga-te the risks to international peace and security associated with the proliferation of sensitive items to irresponsible actors while avoiding unreasonable restrictions on global trade, eco-nomic development, and technological innovation. However, the international export control law is not yet suited to fulfill its promise regarding AI. The dual use nature of AI poses signifi-cant risks to international peace and security. Nevertheless, only in limited circumstances applies international export control law to the transfer of AI applications and technology, leaving a gap in the international export control framework. Until this gap is closed, inter-national human rights due diligence might provide fallback protection to address the issue of mitigating the risks associated with the proliferation of dual use AI.

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Metadaten
Author:Roland Klein
URL:https://2022glasgowesil.org/programme/conference-programme/
Subtitle (English):International Export Control Law as Arbiter between the Benefits and Risks to International Peace and Security posed by the Proliferation of Dual-Use AI
Document Type:Public lecture
Language:English
Year of Completion:2022
Date of first Publication:2022/03/31
Publishing Institution:Deutsches Forschungsinstitut für öffentliche Verwaltung
Contributing Corporation:European Society of International Law
Release Date:2022/04/25
Tag:artificial intelligence; dual-use; export control; international law; international peace and security
GND Keyword:Exportkontrolle; Friedenssicherung; Künstliche Intelligenz; Nonproliferation; Völkerrecht
Country:Vereinigtes Königreich
Documents ordered by discipline (DDC classification):300 Sozialwissenschaften / 340 Recht
Access Rights:Frei zugänglich
Documents of the German Research Institute for Public Administration (FÖV):Akzeptierte Vorträge (wiss. Konferenzen)
Licence (German):License LogoUrheberrechtlich geschützt
Licence (German):License LogoCreative Commons - CC BY-SA - Namensnennung - Weitergabe unter gleichen Bedingungen 4.0 International