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Peng Huijuan: An Adaptive Framework for Regulating AI Inspired by Evolutionary Economics

Reading time: 7 minutes

Written by: Peng Huijuan

Introduction

Artificial intelligence (“AI“) has become a transformative force across a range of industries, including healthcare, finance, education, transportation, and entertainment. Its ability to analyse large datasets, automate complex processes, and enhance decision-making has revolutionised these sectors. However, the rapid pace of AI development has outpaced the capacity of existing legal frameworks to provide effective regulation, leading to significant regulatory gaps and uncertainties. These gaps not only hinder innovation but also fail to address critical societal concerns, including privacy, ethical use, and accountability (Calo, 2017). This regulatory lag, often referred to as the “pacing problem,” describes the growing disconnect between the rapid progression of emerging technologies and the slower evolution of the legal and ethical frameworks required to govern them (Marchant, 2011). 

Traditional regulatory approaches, typically rigid and slow to adapt, are ill-suited to rapidly evolving technologies like AI. As a result, there is an urgent need for a novel regulatory paradigm that can keep pace with technological advancements while preserving legal certainty and protecting societal interests. This paper introduces the Evolved AI Regulation Framework (“EARF“), an adaptive regulatory model inspired by evolutionary economics. EARF integrates the principles of variation, selection, and retention with inclusive stakeholder engagement, ethical alignment, and global coordination. By adopting this adaptive approach, the EARF aims to create a regulatory environment that evolves alongside with AI technologies, fostering innovation while safeguarding public interests and societal values.

Refining, not reinventing, the wheel: A look at the applicability of ASEAN’s AI governance guides in Southeast Asian contexts

Reading time: 5 minutes

Written by Eunice Huang and Josh Lee Kok Thong

Artificial intelligence (“AI”) is reshaping industries, economies, and societies worldwide. Governments across the Association of Southeast Asian Nations (“ASEAN”) intuitively understand the huge opportunity that AI can bring for their societies, and are looking for ways to foster AI innovation while carefully managing risks and challenges. At the same time, there is also growing recognition that it would be neither appropriate nor sufficient to mimic the AI regulatory approaches adopted by other jurisdictions such as the EU, China and US. Countries in ASEAN can and must chart their own regulatory pathway that is suited to Southeast Asia’s unique context, building on the region’s historically open and pro-innovation posture.       

This article submits that ASEAN governments already have good, context-adapted regional resources they can use as a basis for their domestic AI governance frameworks. In particular, resources such as the ASEAN Guide on AI Governance and Ethics (February 2024) and the Expanded ASEAN Guide on AI Governance and Ethics on Generative AI (January 2025) (collectively, the “ASEAN Guides”) can serve as valuable reference points for ASEAN governments who are considering their AI governance options. These guides provide a contextually-relevant basis for formulating AI governance in Southeast Asia’s unique context. Drawing reference from these guides will also help promote greater interoperability and common standards across ASEAN. This will in turn enable AI innovation to flourish across the region, boosting ASEAN’s overall competitiveness, and advancing      the ASEAN Economic Community.      

Terry Ng: Is there such a thing as AI law?

Reading time: 18 minutes

Written by Terry Ng Tian Yu | Edited by Josh Lee Kok Thong

LawTech.Asia is proud to collaborate with the Singapore Management University Yong Pung How School of Law’s LAW4060 AI Law, Policy and Ethics class. This collaborative special series is a collection featuring selected essays from students of the class. For the class’ final assessment, students were asked to choose from a range of practice-focused topics, such as writing a law reform paper on an AI-related topic, analysing jurisdictional approaches to AI regulation, or discussing whether such a thing as “AI law” exists. The collaboration is aimed at encouraging law students to analyse issues using the analytical frames taught in class, and apply them in practical scenarios combining law and policy.

This piece, written by Terry Ng, argues that “AI law” as a body of law exists. In doing so, Terry studies the emergence of “hard” AI laws around the world, existing laws that apply to AI and the relevance of “soft” AI law initiatives.

Alyssa Minjoot: Exploring and analysing South Korea’s approach to AI regulation

Reading time: 18 minutes

Written by Alyssa Asha Minjoot | Edited by Josh Lee Kok Thong

LawTech.Asia is proud to collaborate with the Singapore Management University Yong Pung How School of Law’s LAW4060 AI Law, Policy and Ethics class. This collaborative special series is a collection featuring selected essays from students of the class. For the class’ final assessment, students were asked to choose from a range of practice-focused topics, such as writing a law reform paper on an AI-related topic, analysing jurisdictional approaches to AI regulation, or discussing whether such a thing as “AI law” existed. The collaboration is aimed at encouraging law students to analyse issues using the analytical frames taught in class, and apply them in practical scenarios combining law and policy.

This piece, written by Alyssa Minjoot, explores and analyses South Korea’s approach to AI regulation. It examines how South Korea has been able to take a forward-thinking, proactive and novel approach in formulating AI policies and guidance, while examining the need for clearer and more stringent AI regulations to deal with higher-risk AI systems.

Delvine Tan: Exploring and analysing Japan’s approach to AI regulation

Reading time: 17 minutes

Written by Delvine Tan Hui Tien | Edited by Josh Lee Kok Thong

LawTech.Asia is proud to collaborate with the Singapore Management University Yong Pung How School of Law’s LAW4060 AI Law, Policy and Ethics class. This collaborative special series is a collection featuring selected essays from students of the class. For the class’ final assessment, students were asked to choose from a range of practice-focused topics, such as writing a law reform paper on an AI-related topic, analysing jurisdictional approaches to AI regulation, or discussing whether such a thing as “AI law” existed. The collaboration is aimed at encouraging law students to analyse issues using the analytical frames taught in class, and apply them in practical scenarios combining law and policy.

This piece, written by Delvine Tan Hui Tien, explores and analyses Japan’s approach to AI regulation. It examines the principles, reasons and examples behind Japan’s approach to traditional AI and generative AI.

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