Source: ivySCI

Artificial intelligence (AI) is creating new challenges for international investment law, particularly in areas such as data transfer, algorithmic transparency, and market access. As more states impose restrictions on AI technology due to concerns about national security, safety, and privacy, it is becoming increasingly clear that existing international investment treaties are not well-equipped to address these issues. This article argues that the current legal framework for international investment creates an unpredictable environment for resolving disputes related to AI.

The article calls for the recalibration of international treaties to incorporate human-centric AI principles and reinforce anti-protectionist policies. It also emphasizes the need for greater transparency in AI regulation and suggests that expert witnesses and amicus briefs may play a crucial role in resolving AI-related investment disputes. The increasing integration of AI in global markets makes it essential for international investment law to evolve in response to the unique challenges posed by AI technologies.