New Technologies in International Law / Tymofeyeva, Crhák et al.

N ew T echnologies in I nternational L aw

By Dr. Inga Martinkute (Vilnius University)

The constant stream of technological innovations, ranging from consumer wearables and satellites to artificial intelligence systems, raises crucial questions about the relations between technology and international law that need to be analyzed from different perspectives. If we look at the historical interaction between international law and the major innovations, such as printed books, airplanes, vaccines or nuclear weapons, we may conclude that technology in itself did not transform international law fundamentally, but it did shape and influence it, opening new branches of international law and new discourses. Thinking about more recent technological advances, we should ask ourselves if the internet changes international law, or do online hearings alter international law profoundly? The overarching answer will most likely be that “no, recent technological innovations, however fascinating, do not change international law in a fundamental way”. However, these changes in international law arising from technological innovation have been subtle, gradual, and noticeable over the decades, and they are often intertwined with geopolitical changes. Some areas of the international law domain are more prone to technology induced changes. Those affected areas are often related to digitalization and faster communication. Those international law areas that rely on the collection, search, storage, analysis, management and interpretation of information and data are undergoing major transformations. International law is just coming to terms with data transfers, artificial intelligence and the regulation of social media. Also, international law is grappling with the fast pace of new military technologies and new methods for resource extraction and appropriation. Meanwhile, other areas of international law have become obsolete because those areas of life have become obsolete with the advancement of new technology. For example, with the decline of telegrams, there will be no need for the International Telegraph Convention of 1875. In this new age, technology is not a neutral force, although it is often portrayed as such. Frequently, it is a potent tool that amplifies human capabilities, both for constructive and potentially destructive purposes. The same technology that facilitates autonomous vehicles and biometric access also underlies drone attacks, demonstrating the dual nature of these advancements. It is also easier to hide biases and mistakes behind technology. In this context, it is natural to ask, should there be limits to the power wielded by technology? Is it incumbent upon the international community to self impose restrictions on the development and application of technology? Furthermore, how can these limitations be effectively extended to the international stage, where nations engage in a competitive race for power and technological dominance? 1 The digital divide even further complicates the relationship between technology and international law. Technology providers hold significant leverage, potentially 1 Hillman JE, The Digital Silk Road: China’s Quest to Wire the World and Win the Future (Harper Business, 2021), p 5.

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