Private International Law and Developments in Artificial Intelligence
摘要
As a transformative technology that is constantly evolving, online and inhabiting a space beyond jurisdictional borders, AI pushes the boundaries of the private international law (PIL) frameworks that are in place today. The cross-border nature of artificial intelligence-related applications, transactions and disputes, compounded by challenges of decentralisation, online operation, and digital transformation, raise fascinating questions about the future-readiness of PIL. Yet AI itself may be the crucial tool in assisting humans in the progressive unification of PIL. This chapter critically discusses the significance and impact of AI on PIL and considers the challenges to the basic tenets of PIL posed by AI applications and uses. It postulates some ideas on how the discipline of PIL can evolve in response to these challenges, while acknowledging the myriad public policy considerations that should be considered in relation to AI in the context of PIL. The chapter then turns to consider the impact of AI on the application of the current PIL frameworks established under the auspices of the Hague Conference on Private International Law (HCCH). It assesses how AI may contribute to the development and unification of PIL rules, before concluding with some final thoughts on the future of PIL in an increasingly AI-enabled world.