A Three-Layered Framework: An AI Governance Guide for Global Policymakers 

60 Pages Posted: 7 May 2025 Last revised: 12 May 2025

See all articles by Jiawei Zhang

Jiawei Zhang

Technische Universität München (TUM) - TUM School of Social Sciences and Technology; Max Planck Institute for Innovation and Competition

Boris Paal

Technical University of Munich - Chair for Law and Regulation of the Digital Transformation

Date Written: December 31, 2024

Abstract

The article designs a three-layered framework to address the pressing need for more systematic and scientific methodologies in global AI governance. This framework sequentially employs Market-Invigorating Strategies, Value-Directed Rules, and Procedural Controls to achieve governance that is agile, robust, and proportionate. The first layer prioritizes market mechanisms by addressing market failures and fostering competition through consumer empowerment and competition adjustment tools. The second layer establishes value-directed guardrails through command-and-control rules as well as rights-and responsibilities legislation when market forces prove insufficient to avoid race-to-the-bottom that may harm fundamental human values. The third layer implements procedural controls through internal management requirements and information duties to ensure compliance with the first two layers.

Throughout this process, regular risk assessment and regulatory adjustments are essential to maintain the framework’s responsiveness to rapidly evolving AI technologies. This layered approach helps to achieve three core governance objectives: agility in responding to technological change, robustness in protecting fundamental values, and proportionality in balancing innovation with risk mitigation. Ultimately, this methodological framework enables global policymakers to craft their own customized AI governance frameworks by scientifically evaluating and harmonizing various regulatory tools while maintaining flexibility to respond to rapidly evolving AI technologies and associated risks. It will also facilitate global regulatory experimentation and international AI legislative process.

Keywords: AI Regulatory Tools, AI risks, Market Mechanism, Value-Directed Rules, Procedural Controls, AI Governance

Suggested Citation

Zhang, Jiawei and Paal, Boris, A Three-Layered Framework: An AI Governance Guide for Global Policymakers  (December 31, 2024). Available at SSRN: https://ssrn.com/abstract=5241351 or http://dx.doi.org/10.2139/ssrn.5241351

Jiawei Zhang (Contact Author)

Technische Universität München (TUM) - TUM School of Social Sciences and Technology ( email )

Richard-Wagner-Straße 1
Munich, 80333
Germany

Max Planck Institute for Innovation and Competition ( email )

Marstallplatz 1
Munich, Bayern 80539
Germany

Boris Paal

Technical University of Munich - Chair for Law and Regulation of the Digital Transformation ( email )

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