The WTO Disciplines and Trade in Products Powered by Artificial Intelligence: Old Wine and New Wine-skin?

서지정보

· 발행기관 : 이준국제법연구원
· 수록지 정보 : Journal of East Asia and International Law / 12권 / 1호
· 저자명 : Lei Zhang, Kelly K. Shang

목차

I. Introduction
II. Definition, Scope and Use of AI
A. Definition and Scope
B. Controversial Practices regarding the Development and Use ofAI-powered Products
III. Current WTO Disciplines regardingTrade in AI-powered Products
A. Are AI-powered Products Goods or Services?
B. Are Current GATT/GATS Obligations Sufficient?
C. Whether existing WTO Law Is Capable of Maintaining Any Balancebetween Trade Facilitation and a Range of Non-Trade Value that itsMembers May Seek to Protect?
IV. The Ways Forward the WTO Disciplineson Trade in AI-powered Products
V. Conclusion: Old Wineskin and New Wine

영어초록

As goods and services powered by AI continue to proliferate, scholarly opinion seems to consider that current WTO law is insufficient to regulate trade in AI-powered products. The following reasons can help explain this perceived insufficiency of the WTO law: (a) AI-powered products are difficult to categorise within the perceived goods/services dichotomy under WTO law, thus causing uncertainties as to the applicable legal regime; and (b) the WTO law has yet to respond to the need for national governments to strike a balance between trade and controversial trade practices regarding AI-powered products. This paper argues that while current WTO law is far from perfect, it does partly regulate trade in AI-powered products. The following observations substantiate the partial regulation of trade in AI-powered products by the WTO law: (a) AI-powered products cannot escape existing WTO disciplines on trade in goods and trade in services, by virtue of either the involvement of AI or the perceived goods/services dichotomy; and (b) efforts to balance trade/non-trade interests associated with trade in AI-powered products are allowed under the GATT/GATS’ ‘public morals’ and security exceptions.

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