New Technologies in International Law / Tymofeyeva, Crhák et al.

which is defined as a “software that is developed with one or more of the techniques and approaches listed in Annex I 205 and can, for a given set of human-defined objectives, generate outputs such as content, predictions, recommendations, or decisions influencing the environments they interact with. 206 Furthermore, at the time of writing this paper, there is no international legal framework on AI, although some legal aspects of the development and use of AI 207 are regulated by soft-law instruments, such as codes of conduct or recommendations. 208 2.1 The United Nations Regulation on AI in the Context of the Right to Clean, Healthy and Sustainable Environment The UN, as a universal international organization provides appropriate forum for establishing a common approach to the adoption of legal standards on AI. In the past several years, numerous documents and reports were published concerning the future regulation of AI, for instance The Age of Digital Interdependence (2019), 209 A United Nations system-wide strategic approach and road map for supporting capacity development on artificial intelligence (2019), 210 the UN Secretary General’s Roadmap for Digital Cooperation (2020), 211 the UN Secretary-General’s Our Common Agenda report (2021) , 212 or the Principles for the Ethical Use of AI in the UN System (2022) (hereinafter “Principles”) . 213 So far, the mentioned documents, apart from the Principles for the 205 (a) Machine learning approaches, including supervised, unsupervised and reinforcement learning, using a wide variety of methods including deep learning; (b) Logic- and knowledge-based approaches, including knowledge representation, inductive (logic) programming, knowledge bases, inference and deductive engines, (symbolic) reasoning and expert systems; (c) Statistical approaches, Bayesian estimation, search and optimization methods. 206 European Commission, Proposal for a Regulation of the European Parliament and of the Council on Artificial Intelligence (Artificial Intelligence Act), Brussels, 21 April 2021, 2021/0106(COD), Art. 3. 207 See for instance in Klučka J, Bakošová L, and Sisák Ľ (eds), Artificial Intelligence from the Perspective of Law and Ethics: Contemporary Issues, Perspectives and Challenges (Nakladatelství Leges, 2021); Rayfuse R, ‘Public International Law and the Regulation of Emerging Technologies’ in Brownsword R, Scotford E, and Yeung K (eds), The Oxford Handbook of Law, Regulation and Technology (OUP, 2017); DiMatteo LA, Poncibò C, and Cannarsa M (eds), The Cambridge Handbook of Artificial Intelligence: Global Perspectives on Law and Ethics (CUP, 2022). 208 See for instance OECD, ‘Principles on Artificial Intelligence’, OECD/LEGAL/0449, (2019) ; Global Partnership on AI Report, ‘Climate Change AI and Centre for AI & Climate, Climate Change and AI: Recommendations for Government’ ( GPAI , November 2021) . 209 Anchoring the right to a healthy environment UN Secretary-General’s High-level Panel on Digital Cooperation, The Age of Digital Interdependence, (2019), . 210 UN, A United Nations system-wide strategic approach and road map for supporting capacity development on artificial intelligence, (2019), CEB/2019/1/Add.3, . 211 UNGA, ‘Roadmap for digital cooperation: implementation of the recommendations of the High-level Panel on Digital Cooperation: Report of the Secretary General’, A/74/821, (2020). 212 UN, Our Common Agenda: Report of the Secretary-General, United Nations, New York, (2021) . 213 United Nations Inter-Agency Working Group on Artificial Intelligence, Principles for the Ethical Use of Artificial Intelligence in the United Nations System, (2022)

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