Volume 11 - Issue 60
/ December 2022
129
http:// www.amazoniainvestiga.info ISSN 2322- 6307
DOI: https://doi.org/10.34069/AI/2022.60.12.13
How to Cite:
Tiuria, Y., Pochtovyi, M., Medytskyi, I., Mykytyn, Y., & Kryvenko, O. (2022). Features of legal support of artificial intelligence in
the Asia and Pacific region. Amazonia Investiga, 11(60), 129-134. https://doi.org/10.34069/AI/2022.60.12.13
Features of legal support of artificial intelligence in the Asia and
Pacific region
Особливості правового забезпечення функціонування штучного інтелекту в
Азіатсько-Тихоокеанському регіоні
Received: December 1, 2022 Accepted: December 29, 2022
Written by:
Tiuria Yuliia57
https://orcid.org/0000-0001-7732-3535
Pochtovyi Maksym58
https://orcid.org/0000-0003-0633-205X
Medytskyi Ihor59
https://orcid.org/0000-0002-6720-6658
Mykytyn Yurii60
https://orcid.org/0000-0002-9354-3586
Kryvenko Oleksandr61
https://orcid.org/0000-0002-7115-4715
Abstract
The aim of the article is to highlight the problems
of the functioning of AI in the Asia and Pacific
region. Research results. Attention is drawn to
the influence of the population's attitude to the
development of AI technologies. The elements
that are decisive in the development of artificial
intelligence in the countries of the region, in
particular the infrastructure platform, are
examined. Geographical boundaries of the APR
are highlighted, which allows concreteness
during its conduct. Practical meaning.
Determinants that influence the development of
artificial intelligence and cause-and-effect
relationships arising as a result of such evolution
are considered, as AI penetrates the vast majority
of spheres of life in society. Value/originality.
The need for establishment and consolidation of
legal doctrine within the framework of artificial
intelligence regulation in the APR countries is
proven.
57
Candidate of Technical Sciences, Associate Professor, Associate Professor of the Department of Civil, Economic and Environmental
Law of Dnipro University of Technology, Ukraine.
58
Doctor of Law sciences, Professor of the Department of Criminal Law Disciplines of the Educational and Scientific Institute of Law
and Innovative Education of Dnipropetrovsk State University of Internal Affairs, Ukraine.
59
Doctor of Law sciences, Associate Professor, Professor of the Department of Politics in the Field of Fighting Crime and Criminal
Law of Vasyl Stefanyk Precarpathian National University, Ukraine.
60
Candidate of Law Sciences, Professor, Professor of the Department of Politics in the Field of Fighting Crime and Criminal Law,
Director of the Educational and Scientific Legal Institute of Vasyl Stefanyk Precarpathian National University, Ukraine.
61
PhD in Law, Associate Professor, Associate professor of the Department of Forensic Medicine and Medical Law named after
Honorary Professor M.S. Bokarius Kharkiv National Medical University, Ukraine.
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Keywords: artificial intelligence systems,
current legislation, countries of the Asia and
Pacific region, infrastructure platform, issues of
artificial intelligence development.
Introduction
The rapid expansion of artificial intelligence has
a substantial influence on the economy and
society in general (Pavlyuk et al., 2021, p. 231).
The Asia and Pacific region (APR) should be
considered an ambassador for the development
of artificial intelligence technologies. This is
evidenced by the leading technologies of China,
Japan, South Korea, etc. At the same time, there
are certain problems in the AI creation in the
territory of this region, which is due to the
insufficient development of certain areas of the
above countries or the denial of the introduction
of "smart robots". The risks, including the
gradual displacement of people from the labor
market should also be considered, because many
functions can be performed by an automated
system.
This causes the need to highlight the existing
problems and search for ways to solve these
complex issues. Proper assessment of negative
factors for the development of artificial
intelligence technologies determines timely
prevention of challenges in its proper
development. At the same time, the APR
countries were one of the first to understand that
AI should be associated with fundamental
changes in the usual rhythm of society, because
it is the achievement of the third computer era.
Any educated person has information about the
fact that artificial intelligence technologies were
developed precisely in the APR countries.
Consequently, the aim of the article is to
highlight the problems of the functioning of
artificial intelligence in the Asia and Pacific
region.
Literature Review
The creation and application of artificial
intelligence is an urgent issue for the
international community. Some of the leading
foreign countries have already legally recognized
a computer program as the author of a work. In
particular, in Japan, back in 2016, at a meeting of
the state commission on intellectual law, a
decision was made to start the development of
regulatory documents regarding copyright
protection for creative products created by
artificial intelligence. At the same time,
Australian law provides that a work produced by
the computer cannot be protected by copyright
because it was not created by a human being. The
US Copyright Office emphasized in one of its
decisions that it registers an original author's
work only if it was created by a person, because
copyright protects only the fruits of intellectual
labor, the basis of which are the creative abilities
of the human mind (Tokarieva & Savliva, 2021,
p. 149).
Recently, the European Parliament adopted
Resolution 2015/2103(INL) "Civil Law Norms
on Robotics" (European Union, 2017). It
proposes to establish the legal basis for the use of
artificial intelligence and the introduction of a
Pan-European registration system for "smart"
machines. The resolution emphasizes the
imperfection of modern legal regulation of
artificial intelligence, in particular in the field of
contractual relations and compensation for
damages. It has been determined that the legal
rules on responsibility for the quality and safety
of goods are applied to damage caused by AI,
according to which the manufacturer is
responsible for any malfunctions, and the user of
the product – for the behavior that caused the
damage. The European Union plans to support
the development of a horizontal, technology-
neutral approach to intellectual property rights in
industries where robotics technologies can
potentially be implemented. The resolution was
the first real step towards the legislative
establishment of standards for the development
and use of artificial intelligence. Although it is of
a recommendatory nature, its provisions provide
an opportunity to form a vision of the basis of
those norms that will regulate the outlined
activity in the future.
East Asia, which includes 17 countries, is the
leading region for the 2022 index, with 3
countries (Singapore (2), Japan (9) and the
Republic of Korea (6)) in the top 10 and the
region accounting for one quarter of the top 20.
Singapore is the leader in the overall index. The
country is strong due to groundbreaking and
determined approach to digital governance
united with a business-friendly legislative
environment. Singapore is an example of how
this connection can set up productive public-
Tiuria, Y., Pochtovyi, M., Medytskyi, I., Mykytyn, Y., Kryvenko, O. / Volume 11 - Issue 60: 129-134 / December, 2022
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private partnerships to support innovation (Trim
& Rahim, 2022).
China's score (17) was boosted by its technology
sector, but the country scored relatively low in
data and infrastructure, but in some parameters
was reduced due to its poorer performance in the
measure of household Internet access. These data
indicate digital division in the country that causes
fears about AI readiness, both in terms of
obtaining representative data on the population
and providing accessible digital public services.
The Pacific region's average score of 43.04 is
below the global average for this year's index.
However, this is largely due to the diversity of
countries in the region, which contributes to the
large difference in scores, with two highly
developed countries and then a gap of 26 points
between New Zealand, which is ranked 2nd in
the region, and Fiji, which is ranked 3rd (Trim &
Rahim, 2022).
Maintaining leadership in the region and
globally, Australia (8) has witnessed a number of
developments in AI readiness. The country is
making progress toward key goals of its 2021 AI
Action Plan: it started the National Center for
Artificial Intelligence in late 2021, and since
autumn 2022 the country's first group of AI
graduates has begun practicing. Individual
Australian states are advancing as well; for
example, New South Wales has developed its AI
strategy to 2020 and recently introduced a
mandatory AI framework guarantees that all
institutions are obliged to apply to estimate risks
when creating or acquiring AI tools (Trim &
Rahim, 2022).
New Zealand (28) does not lag behind in this
regard. In September 2022, the country released
its first digital strategy for Aotearoa. Even
though this strategy concerns matters beyond AI,
it lays the groundwork for the further AI
progression. The new digital strategy, which is
divided into the main themes of trust,
engagement and expansion, is also an example of
New Zealand's focus on taking a crucial, moral
and collaborative approach to new technology
policy.
Methodology
The methodological basis of the dissertation
research is an integral (complex) approach to the
disclosure of the legal nature, acquisition,
implementation and protection of the subjective
right to creativity. In order to obtain reliable
scientific results, a system of general scientific
and special methods of cognition was used in the
dissertation work, in particular: system-
structural, logical-semantic, analytical,
formalological, method of abstraction and
generalization. The research methodology is
based on the general scientific dialectical
method. With its help, the problems of legal
regulation of the subjective right to creativity, its
legal nature, and the implementation mechanism
were considered. Analytical, formal-legal,
formal-logical and logical-semantic methods
were used to clarify the legal nature of the
subjective right to creativity and its essential
features, which formed the ontological basis of
the study. Systemic-structural and historical
methods made it possible to classify the stages of
the development of the legal regulation of the
possibility of a person realizing the subjective
right to creativity. The formal-logical method as
a basic method of scientific research in the field
of law was used during the analysis of the current
intellectual property legislation and the
development of proposals for its improvement.
The methods of induction and deduction made it
possible to single out common and distinctive
features inherent in the realization and exercise
of the subjective right to creativity. The
hermeneutic method made it possible to clarify
the essence of the concepts used in intellectual
property legislation, to identify their
shortcomings, and to propose one's own vision of
normative consolidation. The method of
abstraction and generalization contributed to the
formulation of definitions of legal norms and
categories, the formal-legal method - to the
development of individual legislative proposals.
Results and Discussion
Nowadays, the Asia and Pacific region is an
important participant in world geopolitical
processes and international relations; however,
there is still no uniform definition of the territory.
The region includes countries and areas located
on the western coast of the Pacific Ocean – the
lands of Asia, as well as on the eastern coast – the
States of North and South America. A number of
researchers, in particular Myloserdna and
Krasnopolska (2020, p. 132), propose to
understand the definition of Pacific Asia as a
political-geographic and geo-economic concept
that includes the region in the western part of the
Pacific basin from the Pacific part of Russia in
the north to New Zealand in the south (also
includes Japan, China, Papua New Guinea).
Pacific Asia is the equivalent of Asia and the
Pacific strictly within its strictly geographical
scope (Serebrennikova et al., 2021).
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The American researcher Ellen Frost (2008) in
the work "Asia’s New Regionalism" examines
the concept of APR in the context of the system
of concentric circles. The inner circle is formed
by the Association of Southeast Asian Nations
Primary Five (hereinafter – ASEAN) –
Indonesia, Malaysia, the Philippines, Singapore,
Thailand; Second round - ASEAN 10 (in addition
to those listed: Brunei, Cambodia, Laos,
Myanmar and Vietnam); the third circle is
"ASEAN + 3" (China, South Korea, Japan). By
the outer ATP circle, Frost understands the
consultative system of the East Asian Summit,
the purpose of which is to prepare the ground for
the creation of the East Asian Community as part
of ASEAN + 3, as well as Australia, India and
New Zealand". It should be noted that defining
the territory and borders of the APR poses certain
difficulties for the scholars. Some experts speak
of Asia and Pacific as a region consisting of
ASEAN countries, Oceania (about 20) and South
Asian countries. Others include only Asian
countries bordering the Pacific Ocean. The
oceanic approach assumes that the APR includes
the countries located on the coast and islands of
the Pacific Ocean: North, Central and Pacific
South America (in the latter case, the States
located on the shores of the Pacific Ocean), the
southern part of the Pacific Ocean, ASEAN or
the Far East and part of ASEAN (ASEAN
Secretariat, 2020).
Today, as part of the regulation of artificial
intelligence in the APR countries, there is a need
to create and consolidate a legal doctrine. In our
opinion, special attention should be paid to the
functioning of AI in Japan, China and South
Korea as the leading countries in the field of
using artificial intelligence systems.
In the ATP countries, the infrastructure platform
is seen as a determining factor, which is also
being developed within the framework of legal
doctrine. Strong infrastructure foundation that
provides secure, circulated and assesible
connection is a basic condition for enabling
organizations and individuals to benefit from
digital platforms. Even when the public realizes
the importance of artificial intelligence and
accepts the changes it can bring, this does not
necessarily mean free access, use and
development of artificial intelligence systems.
Rural and remote areas of the APR region, where
unstable connections prevent the population from
participating in the digital economy, are
especially sensitive to this factor (UN-ESCAP,
2016). According to global sociological studies,
almost half of the global populace still does not
take advantage of the Internet, with Asia and
Africa at the bottom (International
Telecommunication Union, 2019). About 417
million people cannot use basic Internet services
in the Asia-Pacific region. Meanwhile, only 16%
of the region use digital instruments, with half
citing value as the main barrier (Hoppe, May &
Lin, 2018). This sometimes makes full-scale
implementation of artificial intelligence systems
impossible in the territory of the APR countries.
Globalization and digitization resulted in
increased connectivity that has quickly expanded
the amount of data transferred. However, some
APR states have specific instruments limiting or
restricting the data flow. Designed to secure data
by limiting it within the country, data localization
measures can take many forms; they may be
clearly conditioned by legislation (for example,
as part of cybersecurity regulation) or derived
from mix of programs, making it costly, difficult,
or impossible. In some cases, such barriers are
aimed at protecting consumers' personal
information by restricting unauthorized transfer
of data.
Otherwise, authorities apply them to ascertain
that foreign organizations cannot access or
compromise sensitive or strategic data. Whatever
the pretext, such instruments may adversely
affect the establisment and development of
artificial intelligence. AI requires large number
of data to perform its functions adequately, and
data movement limits may affect its ability to use
this importante source. The main problem for the
authorities across the region is to create
instruments ensuring balance between private
and safety and to secure data movement to
maintain economy veable in the digital era.
A major concern for both citizens and
governments is how well employers and
empoyees are equipped with the abilities to
utilize and make use of AI systems. Hovewer, the
scale of AI development across spheres and
businesses can be problematic to track from an
institutional and organizational perspective. In
many APR countries, technological progress is
occurring more swiftly than legislators can
identify attitudes to its full and effective use. For
companies, this translates into difficulty adapting
employees, processes, and business models to the
radically changed dynamics of competition
(Loucks et al., 2019). For authorities, it may be
challenge to develop legal instruments balancing
the necessity to maintain AI (artificial
intelligence development – able-bodied labour)
with the need to protect population from
detrimental unforeseen results (protecting the
rights and interests of workers)
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(Manyika and Sneader, 2018). This indicates the
need for a modern, more adaptable and joint
approach to policy-making.
Development of innovations based on data such
as artificial intelligence in a secure, ethic and
consistent manner is essential to ensure
consumer confidence and to «support» the
trajectory of AI development. Artificial
intelligence is a complex, multi-level
phenomenon, covering different kind of
networks and can be helpful in a number of areas.
For example, the AI applied in educational
establishments differs from the AI used in
treatment institutions. Because of this range of
shemes it can be hard to understand AI and where
the relevant systems will be developed. Polls
indicate that despite of AI awareness, consumers
do not always realize how it works, which results
in the lack of confidence in it (Asia Pacific,
2021). Another contributing factor is the trend
towards business growth, which is the rebranding
of existing products and services to attract capital
and customers. From data analytics to predictive
modelling, data mining systems have long been
applied to handle large amounts of information –
nowadays a lot of them are called “artificial
intelligence”. This confuses common AI
comprehension and heightens both awaiting and
inappropriate allegations. Providing explanations
and elaborating guidelines can help in solving a
number of problematic issues, and promote a
more meaningful and structural attitude to
implementing AI for life improvement.
The AI policy in the territory of the Asia and
Pacific region, which is discussed within this
study, is embryonic and diverse. At the national
level, there are few strategies for AI adoption and
readiness for its implementation. Where there is
an artificial intelligence policy, these are industry
agenda to modernize strategic sectors with AI or
prepare the manpower for an AI-intensified
surrounding. The approaches are diverse because
countries' attitudes towards artificial intelligence
differ significantly based on 2 different but
connected aspects: various priorities that have
been identified and the varying assets mobilized
to address AI development. For example, China
and Singapore have multiple instruments created
to improve AI preparedness and govern its
introduction; in turn, Malaysia and South Korea
take measures for artificial intelligence as part of
broader plans for digital transformation.
Meanwhile, Indonesia and Thailand have
initiated programs promoting the incorporation
of artificial intelligence systems in strategic
branches, fixating on public-and-private sector
collabaration to stimulate introduction. Finally,
Australia does not have a formal AI policy, but
there are a number of formal reccomendations to
help customers to avoid failures caused by AI.
According to recent research, consumers in Asia
and Pacific do not always comprehendhow
artificial intelligence operates, but they realize
the need for them. This leads to the emergence of
distrust in artificial intelligence technologies,
provided the awareness of the positive aspect of
the impact on everyday life (Shumilo et al.,
2021).
Conclusion
Nowadays, there is a need to create and
consolidate a legal doctrine as part of the
regulation of artificial intelligence in the APR
countries. In the APR countries, one of the
determining factors is considered to be the
infrastructure platform, which is also being
developed within the framework of legal
doctrine. Globalization and digitization resulted
in increased connection, quickly enhance the
amount of data transfers between equipments,
framework and systems. Consequently, the
possibility to transmiss data across borders is
very important for the data-driven technologies
that individuals, enterprises and authorities apply
in everyday life, including artificial intelligence.
However, some APR States have regulatory
instruments limiting or restricting the data flow.
It should be emphasized that law-making and
research activities are carried out by the
legislators of the above-mentioned APR states, as
well as by the scientific community, that is,
certain steps are being taken to create reliable and
effective legal regulators for the use of artificial
intelligence.
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