Artificial Intelligence, Law Issue and Sustainability

A.Y. 2023/2024
6
Max ECTS
42
Overall hours
SSD
IUS/13
Language
English
Learning objectives
- Basic knowledges of how AI-systems work (deterministic and non-deterministic algorithms; software; NLP; LLM);
- Ability to subsume new tools within the correct legal categories (characterization of software, algorithms, etc.);
- Ability to frame and to understand the legal issues raised by the development and use of AI-systems on non-contractual civil liability (analysis of both substantive rules and European private international law);
- Ability to argue about the legislative policies pursued at supranational level (comparative perspective among the EU; China and the USA) to regulate, in particular, the extra-contractual civil liability issues raised by the development and use of AI-systems;
- Ability to grasp the ethical issues raised by the deployment of AI-systems;
- Communication skills and ability to argue on the subject with logical-legal rigour and propriety of language, including on technological aspects.
Expected learning outcomes
Students who have successfully mastered the course:

I) will have acquired the skills to frame and understand the legal issues raised by the development and use of AI- systems;
II) will have acquired the technical and legal skills to examine with independent judgement the recent regulatory proposals made within the European Union on the AI systems. In particular, students will have acquired the tools to argue whether or not there is a need to amend European private international law provisions on non-contractual civil liability;
III) will have reached a comprehensive level of understanding about the different legislative policies adopted in EU, China and the USA, thus being able to argue the respective pros and cons;
IV) will be able to argue on the main ethical concerns raised - in particular - in the development phase of AI-systems;
V) will have reached the maturity of judgement to assess whether, and to what extent, the development of systems of/with artificial intelligence can promote sustainable development.
Single course

This course can be attended as a single course.

Course syllabus and organization

Single session

Lesson period
First semester
Course syllabus
The impressive development and (spread) use of AI-system raise, among all, several legal questions. In particular, a question arises as to whether, and to what extent, domestic (Italian) and European legal sources on non-contractual liability are suitable for solving cases involving the (not proper) use of an AI system. Given these premises, this course, after briefly outlining the technological aspects of AI-systems, will be divided into two parts.
The first parti will focus on characterization issues (whether and to what extent the AI-systems under scrutiny enter within the category of product), then it will examine Italian and European legislation on product liability.
In detail, it will examine the relevant substantive provisions and private international provisions, updated to the most recent amendments proposed by the European legislator.
The second part will focus on the desirable development of AI-systems which will be ethically oriented; a question will be asked, in particular, whether and to what extent "ethical principles" can and should guide the development and use of artificial intelligence systems. The role along with the relevant responsibilities of the developer will be deeply scrutinized.

The course focuses on:

- AI systems: a brief technical understanding.
- Characterization of algorithm and software of/with artificial intelligence (European legislative perspective).
- Legal framework for systems of/with artificial intelligence (European AI-Act; proposal for a directive on systems of/with artificial intelligence and non-contractual civil liability).
- European Rome II Regulation and AI-systems: need to adapt the legal framework.
- Comparative analysis of regulatory proposals under discussion in: European Union; United States of America; China.
- Ethical issues and the development of systems of/with artificial intelligence; European guidelines.
Prerequisites for admission
No prerequisite is needed. However, a basic knowledge in International Law is highly recommended.
Teaching methods
The course will consist mainly of lectures; class' involvement (moot court, case study, group work, presentation), and debate will be strongly encouraged.
Teaching Resources
1. Textbook: AI-Systems and extra-contractual liability issues: a european private international law analysis, B. Cappiello, Giappichelli 2022 (the Book will be freely available to the Class).

2. Additional material will made available on ARIEL platform.
Assessment methods and Criteria
Final written exam. Object: case study solving.

The final grade will be based on the following criteria:
- written exam degree 80%
IUS/13 - INTERNATIONAL LAW - University credits: 6
Lessons: 42 hours
Professor(s)
Reception:
Wednesday 10-12 ; by appointment
Department of Italian and Supranational Law _ Room next to the Library'main entrance