New Working Paper Discusses the Relevance of Smart Mix of Measure in AI Governance and Regulation

1 October 2021

Our new Working Paper The Relevance of the Smart Mix of Measures for Artificial Intelligence – Assessing the Role of Regulation and the Need for Stronger Policy Coherence discusses how current initiatives on the regulation of artificial intelligence (AI) technologies should incorporate the protection and respect for human rights.

Aimed at policy-makers, the technology sector and all those working on the regulation of AI, it notably focuses on the United Nations Principles on Business and Human Rights’ (UNGPs) call on states to adopt a ‘smart mix’ of mandatory and voluntary measures to support their implementation and how this applies to the AI sector.

Written by Dr Ana Beduschi – former Senior Research Fellow at the Geneva Academy and Associate Professor of Law at the University of Exeter – and Dr Isabel Ebert – Adviser to the Office of the UN High Commissioner for Human Rights B-Tech Project –, the Working Paper discusses the relevance of such a smart mix of measures to regulate AI technologies and calls for increased policy coherence in order to overcome siloed agendas and strengthen AI governance.

The Need for Robust Regulatory Bodies

While voluntary initiatives on AI ethics proliferated, many stakeholders have highlighted the need for stronger mandatory regulation of these technologies. As a result, some States and international organizations have started implementing regulatory and policy frameworks on AI.

For instance, China has developed policy guidelines for AI, the European Commission has proposed a new legislative proposal on AI regulation, and the Council of Europe established the Ad Hoc Committee on Artificial Intelligence working on a legislative proposal as well.

‘The sole adoption of mandatory regulation on AI may not suffice to foster a rights-respecting culture of conduct in the technology sector. Without robust regulatory bodies with sufficient capacity and resources to oversee the implementation of the measures and monitor compliance with the legal instruments, efforts to regulate AI may lack effectiveness’ explains Dr Ana Beduschi, Senior Research Fellow at the Geneva Academy.

A robot types on a computer

The Importance of Voluntary Measures to Complement Regulatory Processes

The Working Paper underlines that voluntary measures may also be crucial to adjust the smart mix of measures and encourage responsible behaviour in the AI technology sector.

For instance, the adoption of codes of conduct and benchmarking exercises may support different stakeholders in finding a common understanding of human rights application to the AI sector. Additionally, they can help identify appropriate practices and red lines concerning AI design and development. Voluntary measures can thus complement and feed into regulatory processes.

Research on Disruptive Technologies and Rights-Based Resilience

This publication forms part of our research project on disruptive technologies and rights-based resilience – funded by the Geneva Science-Policy Interface – that aims at supporting the development of regulatory and policy responses to human rights challenges linked to digital technologies.

MORE ON THIS THEMATIC AREA

neurotech image News

Human Rights Concerns in Neurotechnology Examined in New Research Brief

15 April 2025

Our research brief 'Neurotechnology - Integrating Human Rights in Regulation' examines the human rights challenges posed by the rapid development of neurotechnology.

Read more

web of information News

New Research Brief Examines the Relationship Between Digital Technologies and Their Misuse in Surveillance, Cyberattacks, and Disinformation Campaigns

21 February 2025

Our new research brief examines the complex relationship between digital technologies and their misuse in surveillance, cyberattacks, and disinformation campaigns.

Read more

Local Government Event

Enhancing National Reporting and Implementation of Human Rights through Coordinated Engagement at the Local and Regional Levels: The Role of NMIRFs

23 July 2025, 10:00-17:00

This seminar explores how national mechanisms for implementation, reporting and follow-up can better integrate the capacities, data, and experiences of local and regional governments in advancing human rights implementation and reporting.

Read more

Warzone Event

Advanced IHL Seminar for Academics and Policymakers

25-29 August 2025, 09:00-17:30

Co-hosted with the ICRC, this event aims to enhance the capacity of academics to teach and research international humanitarian law, while also equipping policymakers with an in-depth understanding of ongoing legal debates.

Read more

Town Hall Meeting Training

Localizing International Human Rights

8-10 October 2025

This training course, specifically designed for staff of city and regional governments, will explore the means and mechanisms through which local and regional governments can interact with and integrate the recommendations of international human rights bodies in their concrete work at the local level.

Read more

Universal Declaration of Human Rights Booklet Training

The International Human Rights Standards and System: Monitoring and Implementation Strategies at the National Level

7-11 July 2025

This training course will delve into the means and mechanisms through which national actors can best coordinate their human rights monitoring and implementation efforts, enabling them to strategically navigate the UN human rights system and use the various mechanisms available in their day-to-day work.

Read more

Panel Discussion: Project

Treaty Body Members’ Platform

Started in January 2014

The Treaty Body Members’ Platform connects experts in UN treaty bodies with each other as well as with Geneva-based practitioners, academics and diplomats to share expertise, exchange views on topical questions and develop synergies.

Read more

surveillance image of people Project

Human Rights in a Digitalized World: Mapping Risk, Strengthening Regulation and Promoting the Development of International Human Rights Law

Started in August 2023

To unpack the challenges raised by artificial intelligence, this project will target two emerging and under-researched areas: digital military technologies and neurotechnology.

Read more

Cover of the publication Publication

Briefing N° 25: Localizing Multilateralism

published on March 2025

Domenico Zipoli, Ludovica Chiussi Curzi, Kamelia Kemileva

Read more

Cover page of the working paper Publication

AI Decoded: Key Concepts and Applications of Artificial Intelligence for Human Rights and SDG Monitoring

published on January 2025

Milica Mirkovic, Jennifer Victoria Scurrell

Read more