作者姓名

王岩

年度

2024

刊物名称

COMPUTER LAW &   SECURITY REVIEW

刊号

刊物期别

刊物级别

作者顺序

1

被转载

文章摘要

The extraterritorial application of artificial   intelligence (AI) laws and regulations is a form of   global AI governance. The EU and China serve as two different   examples of how to achieve the extraterritorial applicability of AI laws and   regulations. The former shows an explicit territorial extension with more   trigger factors, whereas the latter shows vertical regulation with a narrower   territorial scope. Both countries’ legislative motivations differ but also   have some commonalities. One of the primary goals of extraterritorial   application of domestic laws is to protect citizens within their territory. The digital economy's   characteristics make it necessary for AI laws to have extraterritorial   effects. Without international conventions or treaties, there is a legal   vacuum in AI regulation. Additionally, the extraterritorial application of AI   laws and regulations helps a state become a global standard-setter and gain   an international sphere of influence. However, the extraterritorial   application of AI laws and regulations sometimes functions as a form of   legal imperialism. This exacerbates the injustice   between great powers and weak countries in AI competition. To justify the   legitimacy of the extraterritorial application of AI laws and regulations, it   is beneficial to adopt the ‘inner morality of extraterritoriality’, a   theoretical framework proposed by Professor Dan Svantesson. In fact,   extraterritorial applicability depends on the market size and attractiveness.   For other countries, whether their AI laws and regulations are endowed with   extraterritorial effects is their prerogative. However, they should consider   their soft power before implementing legislation.