Artificial Intelligence (AI) is the buzzword today and applying its logic, impact and use to different scenarios is common practice now! The other day it was AI in international arbitration in this piece.
What I was waiting for was a discussion on AI and international trade. What could the combination evoke? The WTO and AI.
As I thought about it - came across this piece in the World Economic Forum website - ChatWTO:An Analysis of Generative Artificial Intelligence and International Trade.
The piece examines the growth of AI, its potential and the need for international trade rules addressing issues surrounding the ethical, legal and policy implications of AI. Does the existing GATS, TRIPS framework suffice to address AI's use in international trade?
What do we need now? More coherence in national legislative and policy frameworks? More harmonisation in international trade rules covering the trade related aspects of AI? More discussion on AI's development and legal framework? More experience sharing? Bridging the digital divide to ensure AI benefits more people? The ability of AI to help government's address pressing governance issues? Should subsidization of AI by large industrial nations be questioned?
The authors provide these remedies:
Governments and the WTO should use existing trade rules and institutions/committees to create a forum for discussing GAI-related issues in international trade.
The WTO should consider creating a new committee that spans its existing committees to comprehensively examine the impact of international trade rules on GAI, and vice versa, in a cross-cutting manner. Hosting educational sessions on GAI and its characteristics, benefits and risks would be an important first step. Additional or specialized work could be completed in existing WTO committees, such as the TBT committee and the GATS and TRIPS councils. GAI is already crossing borders, and ensuring its alignment with global goals and values set by the OECD, UN and G7 is a critical contribution the WTO could facilitate.]
Establishing common ground rules at the WTO is crucial to ensure that GAI is developed in a fair, safe manner that benefits individuals and communities globally. The WTO offers a unique platform for its members to enhance transparency regarding their national initiatives, seek technical assistance and negotiate critical issues. This role is particularly urgent in addressing the rapidly evolving challenges associated with GAI.
Is this an issue for the WTO at all? Should national government's frame their own policies as longa s they do not infringe on the basic tenets of WTO - national treatment and MFN? More than the need for harmonization, is there a need for divergent policy approaches based on national needs and sensitivities? Or is there scope for a uniform approach to deal with AI internationally?
Are we looking ahead to a Trade Related Aspects of GAI Agreement (TR-GAI) - a la TRIPS?
Negotiators get ready!
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