The governance of artificial intelligence: context and general framework

Abstract

Artificial intelligence (AI) has become the subject of a wide-ranging and controversial debate. The analysis of the debate shows two main problems: the conceptual problem arises from the absence of agreement on the definition of AI; and the functional problem derives from the different relevance given to the technical, ethical and legal components. There is a clear prevalence of the former, an insistent invocation of ethical aspects and little attention to legal discourse. From a legal standpoint, two issues must be distinguished: the application of AI to the study and practice of law and the regulation of AI. The model of AI regulation is approached from different methodological perspectives that confirm the need to adopt a proactive and open, non-formalist approach to the organisation of its governance. The study of practice shows, however, that very few States have adopted strategies or action plans in this area. In the international framework, most of the initiatives are located in organizations or forums participated by technologically developed countries. The international legal system must activate universal mechanisms, norms and procedures to respond to this situation and to the global challenge of AI governance.