Transitioning from Ideas to Action: Trends in the Enforcement of Soft Law for the Governance of Artificial Intelligence

Abstract

As a governance tool, the advantages of soft law (e.g. lack of jurisdiction, minimal barriers of entry, and disposition for experimentation) make it a viable alternative to manage emerging technologies that are continuously evolving. A barrier to soft law’s utilization is its most cited weakness, a reliance on the alignment of incentives for its enforcement. Nevertheless, organizations throughout the globe have created mechanisms to ensure that the ideas within programs are transformed into action. This article explores the trends in the use of such mechanisms within soft law programs to govern methods and applications of artificial intelligence (AI). Using a database of over 600 AI soft law programs, this piece identifies the diverse array of options available to organizations in their efforts to implement and enforce their programs.

Keywords: Artificial Intelligence, Soft Law, Governance of Emerging Technologies, Organizational Practices in the Enforcement and Implementation of Soft Law.