Exploring Algorithmic Governance in International Trade Law: An Analysis of the United States, European Union, and China [Note]

Abstract

This Note aims to explore a new global framework for governing algorithms under international trade law. Algorithms are instructions for solving a problem or completing a task based on the past data collected from the users of applications operated by transnational big tech companies. Using the implied adverse effects of algorithms (e.g., people being unaware that their choices and decisions will be driven by an inaccessible algorithmic system) and the trend of algorithmic governance in different jurisdictions, this Note aims to compare the actions taken by the United States, China, and the European Union, about how they react to the algorithmic era, and how they regulate the use of algorithms conducted by covered entities and develop an international framework for the global governance on algorithms. There are commonalities and differences among the actions taken by the United States, China, and the EU. There is a prevalent legislative trend to regulate algorithmic tools by mandating transparency and accountability to prevent adverse effects for personal information possessors. Based on the analysis of synthesizing the differences, this Note sees a possibility to explore a global framework for algorithmic governance and provides two directions on global governance on the algorithms which consists of strengthening the global collaboration and setting up a relevant multilateral treaty.