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Fostering the Common Good: An Adaptive Approach Regulating High-Risk AI-Driven Products and Services

The risks based on AI-driven systems, products, and services are human-made, and we as humans are responsible if a certain risk materialises and damage is caused. This is one of the main reasons why States and the international community as a whole should prioritise governing and responsibly regulating these technologies, at least if high-risks are plausibly linked to AI-based products or services.As the development of new AI-driven systems, products, and services is based on the need of private actors to introduce new products and methods in order to survive as part of the current economic system, the core and aim of the governance and regulative scheme should not hinder responsible innovation by private actors, but minimize risks as far as possible for the common good, and prevent violations of individual rights and values – especially of legally binding human rights. At least the protection of human rights that are part of customary international law is a core obligation for every State and is not dependent on the respective constitutional framework or on the answer as to which specific international human rights treaty binds a certain State.