Tesi etd-02172021-173858
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Tipo di tesi
Dottorato
Autore
MERENDA, FEDERICA
URN
etd-02172021-173858
Titolo
The Inhuman Condition. Artificial Intelligence as a Challenge to the Cosmopolitan Regimes of International Law
Settore scientifico disciplinare
SPS/01
Corso di studi
Istituto di Diritto, Politica e Sviluppo - PHD IN HUMAN RIGHTS AND GLOBAL POLITICS: LEGAL, PHILOSOPHICAL, AND ECONOMIC CHALLENGES
Commissione
relatore Prof. PIRNI, ALBERTO EUGENIO ERMENEGILDO
Membro Prof.ssa Taraborrelli, Angela
Membro Prof. AMOROSO, DANIELE
Presidente Prof.ssa HENRY, BARBARA
Membro Prof. Merle, Jean-Christophe
Membro Prof.ssa Taraborrelli, Angela
Membro Prof. AMOROSO, DANIELE
Presidente Prof.ssa HENRY, BARBARA
Membro Prof. Merle, Jean-Christophe
Parole chiave
- Artificial Intelligence
- Autonomous Weapon Systems
- Cosmopolitanism
- EU Large-scale Information Systems
- Hannah Arendt
Data inizio appello
23/11/2021;
Disponibilità
completa
Riassunto analitico
In her 2006 work Another Cosmopolitanism, Seyla Benhabib identifies three elements of the contemporary international order that, in her view, can be considered, in a Kantian sense, signs of humanity's progress towards a constitutionalisation of global civil society in a cosmopolitan perspective.
These signs correspond to the introduction in International Criminal Law of the notion of crimes against humanity, the doctrine of humanitarian intervention and the growing phenomenon of transnational migration.
Fifteen years after the publication of Benhabib's work, the International Criminal Court is going through a phase of profound crisis, the doctrine of humanitarian intervention has been completely abandoned as an exception to the prohibition of the use of force, and transnational migration has become a topic of political debate that has led the governments of several Western countries to adopt nationalist and border closure policies that are also reflected in international and European legislation on the subject.
While a humanization (or cosmopolitization) process as the one identified by Benhabib can be traced back in the history and legal developments investing contemporary international law particularly after World War II, when looking at present-day dynamics consisting in both innovative legal regimes, specific international legal norms and bureaucratic practices, many of which involve the employment of Artificial Intelligence (AI) systems, signs of setbacks from that cosmopolitan endevaour can be easily noticed.
In the present research, I will look at such present-day dynamics by examining case-studies relative to the realm of the so-called “cosmopolitan regimes of international law” in order to ascertain whether the idea to guarantee rights to individuals as human beings basing on their specific situations is still inspiring contemporary normative efforts to regulate the relations between individuals and States as if they were part of a cosmopolitan community which comprehends them both as subjects.
In order to develop such analysis, the work is divided up into two sections: the first one building up the theoretical foundations and the second one presenting specific case-studies.
Section I on “A certain idea of humanity and the kosmos” includes Chapter 1, in which I clarify the normative framework which looks at the history of cosmopolitan thought and particularly at the cosmopolitan theories developed by Immanuel Kant and Hannah Arendt; Chapter 2, in which I trace back the history of of the affirmation of a certain idea of humanity and the kosmos thereby inspired in the post-WWII international legal scenario.
Section II then examines case-studies involving the employment of AI systems to reveal the possible collapse of that very idea of humanity and the kosmos: Chapter 3 contextualizes the case studies into the main debates pertaining Artificial Intelligence (AI) in the legal and philosophical scholarships; in Chapter 4 the case-study is the substitution of human soldiers with Autonomous Weapon Systems (AWS); Chapter 5 then focuses on the bureaucratization and further mechanization of migration law in the EU looking at the concept of Safe Country of Origin (SCO) and Safe Third Country (STC) and at the employment of AI systems for the interoperability of European databases like SIS, VIS, EURODAC and the newest ones still under development.
Building on the case studies and using Arendt’s notion of judgment as a yardstick, in the conclusive remarks I propose a test made up of questions to ask any time the substitution of a human being with an AI system in the context of the cosmopolitan regimes of International Law is considered.
These signs correspond to the introduction in International Criminal Law of the notion of crimes against humanity, the doctrine of humanitarian intervention and the growing phenomenon of transnational migration.
Fifteen years after the publication of Benhabib's work, the International Criminal Court is going through a phase of profound crisis, the doctrine of humanitarian intervention has been completely abandoned as an exception to the prohibition of the use of force, and transnational migration has become a topic of political debate that has led the governments of several Western countries to adopt nationalist and border closure policies that are also reflected in international and European legislation on the subject.
While a humanization (or cosmopolitization) process as the one identified by Benhabib can be traced back in the history and legal developments investing contemporary international law particularly after World War II, when looking at present-day dynamics consisting in both innovative legal regimes, specific international legal norms and bureaucratic practices, many of which involve the employment of Artificial Intelligence (AI) systems, signs of setbacks from that cosmopolitan endevaour can be easily noticed.
In the present research, I will look at such present-day dynamics by examining case-studies relative to the realm of the so-called “cosmopolitan regimes of international law” in order to ascertain whether the idea to guarantee rights to individuals as human beings basing on their specific situations is still inspiring contemporary normative efforts to regulate the relations between individuals and States as if they were part of a cosmopolitan community which comprehends them both as subjects.
In order to develop such analysis, the work is divided up into two sections: the first one building up the theoretical foundations and the second one presenting specific case-studies.
Section I on “A certain idea of humanity and the kosmos” includes Chapter 1, in which I clarify the normative framework which looks at the history of cosmopolitan thought and particularly at the cosmopolitan theories developed by Immanuel Kant and Hannah Arendt; Chapter 2, in which I trace back the history of of the affirmation of a certain idea of humanity and the kosmos thereby inspired in the post-WWII international legal scenario.
Section II then examines case-studies involving the employment of AI systems to reveal the possible collapse of that very idea of humanity and the kosmos: Chapter 3 contextualizes the case studies into the main debates pertaining Artificial Intelligence (AI) in the legal and philosophical scholarships; in Chapter 4 the case-study is the substitution of human soldiers with Autonomous Weapon Systems (AWS); Chapter 5 then focuses on the bureaucratization and further mechanization of migration law in the EU looking at the concept of Safe Country of Origin (SCO) and Safe Third Country (STC) and at the employment of AI systems for the interoperability of European databases like SIS, VIS, EURODAC and the newest ones still under development.
Building on the case studies and using Arendt’s notion of judgment as a yardstick, in the conclusive remarks I propose a test made up of questions to ask any time the substitution of a human being with an AI system in the context of the cosmopolitan regimes of International Law is considered.
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