Lessons for Artificial Intelligence from Historical Uses of Soft Law Governance

Abstract

Artificial Intelligence (AI) is the latest example of an emerging technology that pushes regulatory and social boundaries. Stakeholders tasked with resolving these up-and-coming issues face a variety of choices in the selection and implementation of the most appropriate solution. In an effort to contribute to the analysis of alternatives, this Article summarizes the lessons learned from the utilization of soft law in the governance of four emerging technology fields as described in this special issue: (1) Environmental Technologies; (2) Nanotechnology; (3) Information and Communication Technologies (ICT); and (4) Life Sciences. Specifically, it examines the factors that contributed to the implementation of soft law by stakeholders and highlights the characteristics that differentiate it from its counterpart, hard law. The common denominator between AI and the technologies featured herein is their ability to influence significant changes in our society. With its analysis, this Article’s objective is to underscore practices that may maximize AI’s positive impact in the world.