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0УДК 341.1/8
THE UNITED NATIONS AND ARTIFICIAL INTELLIGENCE: A LEGAL ISSUE
SHEVKO NADEZHDA МIKHAILOVNA
Senior lecturer of the department of state governance of the law faculty, The Belarusian State University, Minsk, The Republic of Belarus
Annotation. The development of artificial intelligence (hereinafter referred to as AI) systems leads to new (unpredictable) threats, challenges and problems that do not go unnoticed and cause concern on the part of the United Nations (hereinafter referred to as the UN). In this regard, this article is devoted to issues related to the universally oriented activities of the UN in the field of AI. Due to the absence of a global structure for the governance of AI, as well as a global treaty on AI, the UN is an appropriate organization to facilitate the adoption of a new social contract in the field of AI aimed at strengthening the global consensus on safe, secure and reliable AI systems for sustainable development, leaving no one behind.
Keywords: artificial intelligence systems; United Nations; global governance; global treaty;
risks.
At the beginning of this article I would like to quote the words of Ms. Thomas-Greenfield who highlighted the opportunity and the responsibility of the international community «to govern the AI technology rather than let it govern us» [1]. According to the author, this statement, made within the walls of the United Nations (hereinafter referred to as the UN), should be regarded as a response to the challenge that artificial intelligence (hereinafter referred to as AI) has thrown down to the international community. Indeed, fast, opaque and autonomous AI systems challenge traditional regulatory systems and thus pose potential risks and threats to peace and security [2, p. 6]. Moreover, irresponsible development of AI (without taking into account its basic principles) poses a significant danger to humanity due to the fact that their purpose may be to commit a crime, cause harm or violate human rights. Taking into account the transboundary nature of the problems created by new technologies and the existence of a governance deficit with respect to AI, the issue of the need for global AI governance is one of the key issues in the framework of international discussions held under the auspices of the UN.
Based on the thesis that the UN is the appropriate organization in the field of global governance of AI, it is appropriate to pay attention to the report of the High-Level Advisory Body on AI «Governing Artificial Intelligence for Benefit of Humanity» [2], in which the UN presented 7 recommendations on global governance of AI, namely: establishing an independent international scientific group on AI, consisting of various interdisciplinary experts in this field [2, p. 10]; organizing an intergovernmental and multilateral policy dialogue on AI governance within the UN [2, p. 12]; establishing an AI standards exchange center, bringing together representatives of national and international organizations, technology companies, civil society and representatives of the international scientific group [2, p. 14]; creating a network for capacity building in the field of AI [2, p. 16]; creating a global fund for AI, with the aim of bridging the AI gap [2, p. 18]; creating a global AI data system [2, p. 20]; creation of a unit on AI issues within the UN Secretariat, reporting to the Secretary-General [2, p. 22]. It should be noted that the proposals formulated within the framework of the UN recommendations are based on existing gaps in the global approach to AI governance: the accelerated development of AI concentrates power and wealth on a global scale, which entails geopolitical and geoeconomic consequences; there is a lack of accountability, including when deploying closed AI systems that affect others; no one understands all the internal mechanisms of AI sufficiently to fully control the results of its application or predict its development; decision makers are not responsible for the development, deployment or use of systems that they do not understand; entire regions of the world remain outside the scope of international discussions on AI governance; there is a lack of coordination on AI governance both at the international level and within the UN [2].
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However, despite the above-mentioned problems, as well as significant disagreements on AI governance among states and the existing digital divide, the UN has managed to make progress towards a global treaty on AI.
On March 21, 2024, the UN General Assembly (hereinafter referred to as UNGA) adopted the first and groundbreaking resolution on AI, «Harnessing the Power of Safe, Secure and Trustworthy AI Systems for Sustainable Development» (hereinafter referred to as the Resolution) [3]. It is worth noting that the draft Resolution submitted by the United States was adopted without a vote, and was co-sponsored by more than 120 states. Moreover, this Resolution was developed to expand on the work already being carried out by the UN, including the work of the International Telecommunication Union (ITU), the Human Rights Council, and UNESCO. For example, ITU maintains the only global AI data repository to which anyone working in the field of artificial intelligence can submit important information on how to use AI for good. In 2019, the Human Rights Council adopted a resolution on «The Right to Privacy in the Digital Age», recognizing that the use of AI may pose serious risks to the right to privacy [4]. In 2021, UNESCO developed the first-ever global standard on AI ethics, the Ethical Guidelines for Artificial Intelligence [5], recognizing that in no other area is the ethical compass more relevant than in AI. In addition, over the past decade, AI technologies have been increasingly used by UN agencies, funds, and programs. For example, several research and development labs, including the UN Secretariat's Global Pulse Lab (2021), the Jetson Initiative of the Office of the United Nations High Commissioner for Refugees (UNHCR, 2021), nnovation Labs (UNICEF, 2021), and the Humanitarian Data Hub of the United Nations Office for the Coordination of Humanitarian Affairs (OCHA, 2021), have focused their work on developing AI solutions that will support the UN mission. In this context, there is a justified initiative to adopt an internal UN Regulation on AI that would help define the organization's modes of engagement when using AI technologies to achieve its mission, and would also support the development of «good AI» by providing developers with clear authorization paths, thereby strengthening trust in these technologies [6, p. 2].
In continuation, we will pay attention to certain provisions of the Resolution, which, in the author's opinion, stimulate the international community to establish uniform norms for regulating AI. Despite the fact that the Resolution does not contain the concept of AI systems (unlike the European Union Law on AI (2024)), they are understood as safe, secure and reliable AI systems in the nonmilitary sphere [3, p. 2]. Taking into account the emerging nature of the direction of activity on the management of AI systems, the General Assembly calls not only on states, but also on all interested parties to discuss the possibilities of using AI based on international law and taking into account the different needs and capabilities of both developed and developing states [3, p. 4]. In this regard, special attention is paid to expanding the participation of developing States in the digital transformation in order to: expand their capabilities; obtain benefits; ensure their practical participation in the development, implementation and use of safe, secure and reliable AI systems [3, paragraph 4]. Given the dual nature of the impact of AI on the enjoyment of human rights, the GA particularly emphasizes the need to refrain from or cease the use of AI systems that cannot be operated in accordance with international human rights law or that create unjustified risks to the enjoyment of human rights [3, paragraph 5]. It is worth adding that the authors of the Resolution propose to implement measures to respect intellectual property rights, ensure confidentiality and protection of personal data, as well as transparency, predictability, and reliability of AI systems throughout their life cycle [3, paragraph 6]. Last but not least, the GA recommendation is related to the development of AI systems in an inclusive and equitable manner and for the benefit of all, in order to create favorable conditions for such systems to address the world's most pressing challenges, including ensuring sustainable development in all its three dimensions (economic, social and environmental), taking into particular account the interests of developing countries and leaving no one behind [3, p. 6].
In summary, the UN approach to global AI governance is aimed at: 1) establishing uniform rules for AI governance based on international cooperation; 2) developing and adopting a global treaty
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on AI based on consensus among states; 3) creating uniform bodies for AI governance at the international level; 4) monitoring the development and use of AI systems to promote the protection of human rights; 5) initiating and supporting international discussions (with a particular focus on developing countries) on changes in AI governance to keep pace with the development and use of AI systems (including at the UN level).
LITERATURE
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2. Заключительный отчет «Управление искусственным интеллектом на благо человечества» [Электронный ресурс] // Организация Объединенных Наций. - Режим доступа: chrome-extension://efaidnbmnnnibpcajpcglclefindmkaj/https://www.un.org/sites/un2.un.org/files/govern ing_ai_for_humanity_final_report_ru_summary.pdf. - Дата доступа: 20.09.2024.
3. Seizing the opportunities of safe, secure and trustworthy artificial intelligence systems for sustainable development, adopt. by res. 78/265 by the Gen. As., 21 March 2024 [Electronic resource]. - Mode of access: chrome-extension://efaidnbmnnnibpcajpcglclefindmkaj/https://documents.un.org/doc/undoc/gen/n24/08 7/83/pdf/n2408783.pdf. - Date of access: 20.09.2024.
4. Право на неприкосновенность частной жизни в цифровой век, принят. резолюцией 42/15 Ген. Ас.-и, 26 сент. 2019 [Электронный ресурс] // Организация Объединенных Наций. -Режим доступа: file:///C:/Users/msshe/Downloads/A_HRC_RES_42_15-RU%20(2).pdf. -Дата доступа: 20.09.2024.
5. Recommendation on the Ethics of Artificial Intelligence // UNESCO [Electronic resource]. -Mode of access: https://unesdoc.unesco.org/ark:/48223/pf0000380455. - Date of access: 20.09.2024.
6. Fournier-Tombs, E. Towards a United Nations Internal Regulation for Artificial Intelligence [Electronic resource]. - Mode of access: file:///C:/Users/msshe/Downloads/fournier-tombs-2021-towards-a-united-nations-internal-regulation-for-artificial-intelligence.pdf. - Date of access: 20.09.2024.
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