Autonomous Vehicle Standards under the TBT Agreement: Disrupting the Boundaries?
in Shin-yi Peng, Ching-Fu Lin and Thomas Streinz (eds) Artificial Intelligence and International Economic Law: Disruption, Regulation, and Reconfiguration (Cambridge University Press, 2021) Chapter 6.
21 Pages Posted: 24 Jul 2021 Last revised: 12 May 2022
Date Written: 2021
Products that incorporate AI will require the development of a range of new standards. This chapter uses the case of connected and autonomous vehicles (CAVs) standards as a window to explore how this “disruptive innovation” may alter the boundaries of international trade agreements. Amid the transition to a driverless future, the transformative nature of disruptive innovation renders the interpretation and application of trade rules challenging. This chapter offers a critical assessment of the two systematic issues – the goods/services boundaries, and the public/private sector boundaries. Looking to the future, regulations governing CAVs will become increasingly complex, as the level of systemic automation evolves into levels 3-5. The author argues that disruptive technologies have a greater fundamental and structural impact on the existing trade disciplines.
Keywords: artificial intelligence (AI), connected and autonomous vehicles (CAVs), driving automation systems, standards, disruptive innovation, technical barriers to trade, (re)classification, co-governance
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