International Trade Lawmaking @ Beijing Normal University

24 September 2022, Professor Xue was invited to give a keynote speech on “AI-assisted Domain Name Dispute Resolution Mechanisms” at the 2nd International Conference on AI and Judicial Big Data, co-organized by Huazhong University of Science and Technology and Hubei High People’s Court. Prof. Xue discussed the ethical issue in deployment of AI in judicial proceedings and suggested that ADR (like domain name dispute resolution mechanism) may be more suitable area to implement pilot AI systems. AI may provide effective proceeding management for domain name dispute resolution, including receiving and servicing the Parties’ files, verifying the Parties’ identities and organizing cross examination. AI selection of adjudicators may considerably minimize the bias and prejudice and better serve the goals of independence and impartiality. Although AI cannot substitute the adjudicators’ judgement and discretion, it can be very valuable to verify the basic facts such as the information of the Applicant’s trademark registration and/or the Respondent’s domain name registration. It can help the adjudicators to complete the fact checking in the expedited proceedings. Domain name dispute resolution mechanism that is already networked, digitized and standardized can easily adapt to automation powered by AI. In addition, its characteristic of non-exclusive to judicial remedy is another layer of guarantee for AI pilot implementation.

2022年9月24日，薛虹教授受邀在华中科技大学法学院及华中科技大学司法大数据研究中心、湖北省高级人民法院联合举办第二届“人工智能与司法大数据”国际研讨会论坛一上，以“人工智能辅助的互联网域名争议解决机制”为题发表主题发言。薛教授深入探讨了人工智能进行司法裁判可能导致的伦理与法律问题，主张在域名争议解决等替代性争议解决机制领域先行尝试人工智能的应用。薛教授认为，在程序管理与案件裁判两方面，人工智能均能发挥显著的作用。在程序管理方面，人工智能案件管理平台不仅能安全高效地接收、送达案件材料及核查、认证当事人身份，而且能有效组织当事人在线举证、质证等，大大提高案件程序效力，更能在主审人筛选、匹配，案件分配上最小化人工偏见，保障客观、理性。在审理裁判方面，人工智能可以成为主审人极为得力的助手，协助在线连机核查案件基本信息（投诉人商标注册、被投诉人域名注册），在有限的审理期限内、当事人无法进行重复质证的情况下，协助主审人分辨当事人的主张与举证，以作出法律判断。薛教授认为，人工智能在现阶段无法代替主审专家的头脑与裁量。而且，域名争议解决机制具有网络化、标准化、数字化的特征，而且不排斥当事人寻求司法救济，天然适合进行人工智能自动化的实验。来自国内外著名的几十位法学专家及实务界和产业界的嘉宾共论计算法学与智慧司法建设。

The 10th Asia-Pacific Trade Facilitation Forum (APTFF) co-organized by ADB and UNESCAP with Singapore Ministry of Trade and Industry was held on 29 August to 1 September 2020 in Singapore. The Forum focused on how trade facilitation should evolve to enhance the resilience of international supply chains in times of pandemic and to better support sustainable economic recovery and development in the Asia-Pacific region. The Forum explored how trade digitalization and emerging technologies can be used to ensure that new generation trade facilitation measures are inclusive and sustainable, enabling effective participation of SMEs and less developed economies in international trade. As the leading regional platform for the exchange of good practices and knowledge on trade facilitation, the Forum attracted over 250 on-site participants from over 30 countries and hundreds of remote participants.

At the end of the Forum, the UNESCAP held the UNNExT Advisory Committee Meeting to discuss the future development of the Forum and the other recommendations and plans on trade facilitation. The experts from China, Korea, India, Philippines, Azerbaijan, etc. joined the meeting and presented their views. Prof. Xue as one of the founding experts of the Committee emphasized the importance of promoting the Framework Agreement on Facilitation of Cross-Border Paperless Trade in Asia and the Pacific that has been effective since 2020 and 8 Member States by August 2022. Prof. Xue also introduced the new Model Law on ID management and trust service developed by UNCITRAL and its potential impacts on digital trade identity as an international legal mechanism. Although the COVID pandemic still disables international travels in some parts of the world, everyone believed that the digital trade facilitation would benefit the Asia-Pacific trade that was largely robust and growing.