New Working Paper Discusses the Relevance of Smart Mix of Measure in AI Governance and Regulation

Our new Working Paper The Relevance of the Smart Mix of Measures for Artificial Intelligence – Assessing the Role of Regulation and the Need for Stronger Policy Coherence discusses how current initiatives on the regulation of artificial intelligence (AI) technologies should incorporate the protection and respect for human rights.

Aimed at policy-makers, the technology sector and all those working on the regulation of AI, it notably focuses on the United Nations Principles on Business and Human Rights’ (UNGPs) call on states to adopt a ‘smart mix’ of mandatory and voluntary measures to support their implementation and how this applies to the AI sector.

Written by Dr Ana Beduschi – Senior Research Fellow at the Geneva Academy and Associate Professor of Law at the University of Exeter – and Dr Isabel Ebert – Adviser to the Office of the UN High Commissioner for Human Rights B-Tech Project –, the Working Paper discusses the relevance of such a smart mix of measures to regulate AI technologies and calls for increased policy coherence in order to overcome siloed agendas and strengthen AI governance.

The Need for Robust Regulatory Bodies

While voluntary initiatives on AI ethics proliferated, many stakeholders have highlighted the need for stronger mandatory regulation of these technologies. As a result, some States and international organizations have started implementing regulatory and policy frameworks on AI.

For instance, China has developed policy guidelines for AI, the European Commission has proposed a new legislative proposal on AI regulation, and the Council of Europe established the Ad Hoc Committee on Artificial Intelligence working on a legislative proposal as well.

‘The sole adoption of mandatory regulation on AI may not suffice to foster a rights-respecting culture of conduct in the technology sector. Without robust regulatory bodies with sufficient capacity and resources to oversee the implementation of the measures and monitor compliance with the legal instruments, efforts to regulate AI may lack effectiveness’ explains Dr Ana Beduschi, Senior Research Fellow at the Geneva Academy.

A robot types on a computer

The Importance of Voluntary Measures to Complement Regulatory Processes

The Working Paper underlines that voluntary measures may also be crucial to adjust the smart mix of measures and encourage responsible behaviour in the AI technology sector.

For instance, the adoption of codes of conduct and benchmarking exercises may support different stakeholders in finding a common understanding of human rights application to the AI sector. Additionally, they can help identify appropriate practices and red lines concerning AI design and development. Voluntary measures can thus complement and feed into regulatory processes.

Research on Disruptive Technologies and Rights-Based Resilience

This publication forms part of our research project on disruptive technologies and rights-based resilience – funded by the Geneva Science-Policy Interface – that aims at supporting the development of regulatory and policy responses to human rights challenges linked to digital technologies.

MORE ON THIS THEMATIC AREA

A session of the UN Human Rights Committee News

New Publication Takes Stock of UN Treaty Body Review 2020 Implementation

27 May 2022

Our new Research Brief provides a comprehensive summary of the key decisions taken and recommendations given by all relevant stakeholders in implementing the recommendations of the TB Review 2020 process.

Read more

Scavengers Burning Trash, Tondo Garbage Dump, Manila Philippines News

New Research on the Right to a Healthy Environment

22 March 2022

This project forms part of our research cluster on sustainable development that aims to explore the linkages between sustainable development, the protection of the environment, climate change and the branches of international law that protect the rights of the most vulnerable.

Read more

Syria,  Aleppo, great Umayyad mosque. Destructions. Short Course

The Interplay between International Humanitarian Law and Human Rights

Spring 2023

This short course, which can be followed in Geneva or online, focuses on the specific issues that arise in times of armed conflict regarding the respect, protection and fulfilment of human rights. It addresses key issues like the applicability of human rights in times of armed conflict; the possibilities of restricting human rights under systems of limitations and derogations; and the extraterritorial application of human rights law.

Read more

An aerial view of camps for internally displaced persons (IDPs), which have appeared following latest attacks by M23 rebels and other armed groups in the North Kivu region of the Democratic Republic of the Congo (DRC). Short Course

International Refugee Law

Spring 2023

This short course, which can be followed in Geneva or online, analyses the main international and regional norms governing the international protection of refugees. It notably examines the sources of international refugee law, including the 1951 Geneva Convention Relating to the Status of Refugees, and their interaction with human rights law and international humanitarian law.

Read more

Project

Focused Reviews

Started in November 2021

Read more

Panel Discussion: Project

Treaty Body Members’ Platform

Started in January 2014

The Treaty Body Members’ Platform connects experts in UN treaty bodies with each other as well as with Geneva-based practitioners, academics and diplomats to share expertise, exchange views on topical questions and develop synergies.

Read more

Cover of the publication Publication

Implementing the Treaty Body Review 2020 – Where do we stand

published on May 2022

Felix Kirchmeier, Chloé Naret, Domenico Zipoli

Read more