Anupam Chander (Georgetown University Law Center) has posted “Artificial Intelligence and Trade”
(in Big Data and Global Trade Law 115-127 (Mira Burri ed., Cambridge: Cambridge University Press 2021)) on SSRN. Here is the abstract:
Artificial Intelligence is already powering trade today. It is crossing borders, learning, making decisions, and operating cyber-physical systems. It underlies many of the services that are offered today – from customer service chatbots to customer relations software to business processes. The chapter considers AI regulation from the perspective of international trade law. It argues that foreign AI should be regulated by governments – indeed that AI must be ‘locally responsible’. The chapter refutes arguments that trade law should not apply to AI and shows how the WTO agreements might apply to AI using two hypothetical cases . The analysis reveals how the WTO agreements leave room for governments to insist on locally responsible AI, while at the same time promoting international trade powered by AI.