cover image: final) EU’s AI Regulation and International Economic Law

final) EU’s AI Regulation and International Economic Law

7 Oct 2024

The European Commission proposed the AI Regulation in 2021,3 with the political agreement between the European Parliament and the Council of the EU achieved in December 2023,4 and the definitive text published in July 2024.5 The EU AI Regulation (or the EU AI Act) is novel in that it comprises comprehensive regulations that apply to various AI technologies across sectors. [...] First, the relationship between the EU AI 69 The legal foundation of the Regulation appears in Article 114 of the Treaty on the Functioning of the European Union (TFEU), which is applied when the purpose of legislation is to approximate laws. [...] Although the basic components of the provisions resemble Article 15.19 of the UK–NZ FTA, the UK–Australia FTA provisions emphasise the innovative aspects of AI (for instance, as reflected in the name and content of the dialogue mechanism, namely, the Strategic Innovation Dialogue105), presumably reflecting the pro-innovation attitude of the UK.106 At the same time, unlike in the UK–NZ FTA, in the. [...] 107 Memorandum of Understanding between the Government of Australia and the Government of the Republic of Singapore on Cooperation on Artificial Intelligence; Memorandum of Understanding between the Ministry of Science and ICT of the Republic of Korea and the Ministry of Communications and Information of the Republic of Singapore on Cooperation on Artificial Intelligence. [...] Currently, a draft AI law 133 is in the legislative process of the Brazilian Congress.134 The Bill adopts a risk-based approach, including the notion of prohibited AI systems, and is structured with the EU AI Regulation in mind.135 Further, the 127 Anu Bradford, The Brussels Effect: How the European Union Rules the World (Oxford University Press, 2020) 1.

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42
Published in
Japan

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