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40JURISPRUDENCE
LEGAL ASPECTS OF INTERNATIONAL COOPERATION OF STATES IN THE FIELD OF ROBOTICS AND ARTIFICIAL INTELLIGENCE
Yermekova A.
master student of Eurasian national university named after L.N. Gumilyev
Nur-Sultan
Abstract
The worldwide problem today is the almost complete absence of normative legal regulation of the conditions and features of the development, functioning and control of the application of artificial intelligence and robotics technologies. Legal security issues always accompany the development of the latest technology. This article analyzes international conventions, international conferences related to the topic of artificial intelligence and robotics from a legal point of view.
Keywords: robot, artificial intelligence, robot with artificial intelligence, object of law, subject of law, international humanitarian law, international security law.
According to the scientist - lawyer Thomas Burri, who was engaged in legal studies of artificial intelligence and law, special attention should be paid to artificial intelligence in weapons systems, since it is much more than just a weapon, because it is associated with control and delegation of authority.
The emergence of such technologies encourages international law to develop along with them and adapt to them. According to Thomas Burri, actors in international law should step up and develop certain standards in this area, but for now such initiatives belong only to international non-profit associations of specialists in the field of technology [1, p. 107]. For example, the Asilomar principles developed at the Beneficial AI 2017 conference, the participants of which were developers and representatives of such companies as Google, Apple, Facebook. These principles affect the regulation of research in the field of artificial intelligence, but do not contain a definition of the term «artificial intelligence» moreover, they affect more moral and ethical aspects than legal ones [2].
Nowadays, using artificial intelligence units and autonomous weapons systems is not directly regulated by international humanitarian law. Despite this fact under the United Nations there were a number of meetings held in April 2013, may 2014, and June 2015 to discuss the development of the Convention on the prohibition or restriction of the use of certain conventional weapons. But as the result there was found so many open questions related to the lack of standard methods and protocols for testing and evaluating the characteristics of autonomous weapons, and possible risks associated with its use [3]. Thus, the rules of international humanitarian law stipulate that the results of military actions are addressed to the parties to an armed conflict and relate directly to the combatants, which is why, regardless of the degree of autonomy of the vehicle, the obligations remain on the parties. A number of conventions, international documents, documents developed at the conferences related to the regulation of artificial intelligence and robotics in chronological order are offered to your attention, that is why the first place is worth exploring the experience of European countries.
In 2012, the European Commission launched the research project «RoboLaw», the purpose of which is to identify new challenges posed in the European legal field by technologies in the field of bio-robotics (including artificial intelligence) and to develop appropriate recommendations and solutions to emerging problems. The result of this project is the report «Guidelines for the Regulation of Robotics», submitted in 2014, whose goal was to establish an appropriate legal environment for the development of robotic technologies in Europe [4, p. 91].
In February 2016, the European Parliament adopted a resolution «European Civil Law Rules in Robotics», which proposes the introduction of a unified classification system for robots, the formation of a pan-European system for their registration, as well as the definition of liability limits. The resolution is not a binding document, it has a recommendatory nature. The annex of the document contains a list of criteria for determining smart robots, for example, such a robot must have the ability to learn based on acquired experience and adapt to the external environment [5].
This document also notes the need for a unified classification system for robots and a pan-European system for registering them. The annex to the resolution refers to the characteristics of smart robots, such as:
-the ability to become more autonomous, using sensors and / or exchanging information with your environment (compatibility) and analyzing it;
-the ability to learn based on acquired experience and in the process of interaction;
- availability of the form of physical support for the robot;
- the ability to adapt their actions and behavior in accordance with environmental conditions.
Much attention is paid to ethical principles in the document. For example, it was noted that the potential for using robotics should be assessed in terms of the absence of threats to safety and human health, freedom and privacy. The resolution of the European Parliament provides for a system of compulsory insurance of robots by their owners and manufacturers (like liability insurance for drivers in case of an accident). And when
the damage is not covered by insurance, the money should be paid from a special compensation fund [6].
An analysis of this document showed that it does not contain criteria regarding the concept of «artificial intelligence», despite the fact that «robotics and artificial intelligence» are not considered separately in the norms of resolution.
In November 2017, the Research Center for Robotics and Artificial Intelligence Regulation in Russia proposed the «Model Convention on Robotics and Artificial Intelligence». In this convention, objects of robotics include all categories of robots in their broadest sense, regardless of their purpose, degree of danger, mobility or autonomy, as well as cyberphysical systems with artificial intelligence in any form [7].
The convention contains rules for the creation and use of robots. restrictions on the use of military robots. The Convention provides for the establishment of a supranational regulatory institution at the United Nation level [7].
The last one international document related to regulation of robotics and artificial intelligence is 10 possible guidelines for the use of lethal autonomous weapon systems (hereinafter referred to as LAWS) [8].
These principles recognize that the development of the LAWS must comply with international humanitarian law, and also govern liability issues. So, according to the second principle, «the responsibility of a person for decisions on the use of weapons systems must be preserved», since it is impossible to transfer responsibility for the consequences [8].
Thus, the responsibility for the consequences of using the LAWS should be ensured in accordance with international law, including the establishment of the responsibility of the "chain of command and control by people". States need to decide, in accordance with their obligations under humanitarian law, under what circumstances the use of autonomous weapons is unacceptable. The risk of such weapons falling into the hands of terrorists should also be taken into account.
Thus, these principles govern the activity of the LAWS, however, a lot of questions arise regarding the definition of the concept of LAWS, for example its structural elements, basic criteria.
Moreover, it is important to mentioned that on April 11, 2016 the International Committee of the Red Cross expressed its opinion regarding the autonomous weapons system that the use of such weapons in armed conflicts, as well as in counter-terrorism operations, affects the principles of humanity [9, p. 7].
In conclusion, the development of artificial intelligence technologies, as well as robotics, significantly affects the development of international law as a whole and its individual branches. An analysis of the documents showed that today there is no universal approach
to distinguishing and defining these concepts, establishing their legal status, moreover, the concept of «artificial intelligence» is not disclosed in international documents.
REFERENCES:
1. Burri T. International Law and Artificial Intelligence // German Yearbook of International Law . -2019. - P. 91-108.
2. Asilomar principles of artificial intelligence // Research Center for the Regulation of Robotics and Artificial Intelligence [Electronic resource]. - Access mode: URL: http://robopravo.ru/azilomar-skiie_printsipy_ii (10.01.20).
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7. Model Convention on Robotics and Artificial Intelligence // Research Center for the Regulation of Robotics and Artificial Intelligence [Electronic resource]. - Access mode: URL: http://ro-bopravo.ru/modielnaia_konvientsiia (27.01.2020)
8. Report of the 2018 session of the Group of Governmental Experts on Emerging Technologies in the Area of Lethal Autonomous Weapons Systems // UN Geneva [Electronic resource]. - Access mode: URL: https://undocs.org/en/CCW/GGE.1/2018/3 (19.01.20).
9. Views of the International Committee of the Red Cross (ICRC) on autonomous weapon system // Convention on Certain Conventional Weapons (CCW), Meeting of Experts on Lethal Autonomous Weapons Systems (LAWS) 11 - 15 April 2016, Geneva. [Electronic resource]. - Access mode: URL: https://www.icrc.org/en/download/file/21606/ccw-au-tonomous-weapons-icrc-april-2016.pdf (09.02.2020).
