情報法制研究
Online ISSN : 2432-9649
Print ISSN : 2433-0264
ISSN-L : 2433-0264
特 集 2 Vehicle & AI
AI 製品に対応したEU の製造物責任ディレクティヴ改正
小塚 荘一郎
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ジャーナル オープンアクセス

2024 年 15 巻 p. 37-49

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抄録
 The European Union (EU) has advanced the draft of the revised Products Liability Directive, coupled with the draft of a new Artificial Intelligence Liability Directive. Both aim at modernising the European liability law to adapt to the emergence of products and services using the artificial intelligence (AI) system. This article analyses principal items of the proposed modernisation, as well as the political background for the current proposal, including two-layer system of the harmonised products liability law and the fragmented national law on general liability to be supplemented by the European procedural rules. Given that the issues that other jurisdictions face due to the emergence of AI systems are common with those identified in Europe, the proposed directives may influence the law-making in jurisdictions outside Europe, presenting so-called Brussels effect. When making reference to the European proposals, however, law-makers in other jurisdictions need to be aware of the political context in the EU and not to assume that the adopted rules are the best in theory in terms of balance of the redress for the victim of malfunction of the AI and the development of the nascent technology of AI.
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