數字經濟和數字博弈雙重背景下人工智能的國際法治理

International Law Regulation of Artificial Intelligence in the Dual Context of the Digital Economy and the Digital Competition

人工智能的國際法治理問題首先出現於數字經濟興起的背景下，隨著數字經濟背景下的競爭實質上轉變為技術霸權之爭，人工智能也從各國技術治理之爭的對象演化為技術霸權之爭的工具。運用國際法進行人工智能治理並克服系統性風險是可能且必要的路徑。現有的人工智能國際法治理呈現出四個主要特點：內容上以倫理規則為主；形式上以非政府主體制定的軟法為主；直接規制規則空缺，間接規制規則趨完善；部分法域的域內法發展顯著。數字經濟背景下人工智能對國際法的挑戰總體上表現為排他性主權與統一數字空間的張力，具體在國際經貿規則中體現為人工智能的性質認定與規制路徑不明。為實現人工智能治理的全球合作，首先應將其與數字經濟規則密切結合，以數據治理為根本；其次應打造多元主體參與的協同共治模式；最後應防範地域與南北隔閡，營造全球普遍的法律環境。

The issue of international legal governance of artificial intelligence first appeared in the context of the rise of the digital economy. As the competition under the background of the digital economy has essentially transformed into a competition for technological hegemony, artificial intelligence has also evolved from an object of technological governance among states to a tool in the competition for technological hegemony. It is possible and necessary to apply international law to artificial intelligence governance and overcome the system risks. The existing international governance of artificial intelligence presents four main characteristics: the content is mainly ethical rules; the form is mainly soft laws formulated by non-government entities; although direct regulatory rules are scarce, indirect regulatory rules are gradually improving; the development of domestic laws in certain jurisdictions is remarkable. In the context of the digital economy, the challenge of artificial intelligence to international law is generally manifested in the tension between exclusive sovereignty and unified digital space. Specifically, in the field of international economic and trade rules, it is reflected in the difficulty in the identification of the nature of artificial intelligence, as well as the unclear regulatory path of artificial intelligence. In order to achieve global cooperation in artificial intelligence governance, first of all, it should be closely combined with the rules of the digital economy, with data governance as the foundation; second, a governance model should be created with the participation of multiple stakeholders and collaborative governance; finally, regional and north-south barriers should be prevented in the process of creating a universal legal environment.