From Smart Tech to Smart Law: Artificial Intelligence and the Evolution of Environmental Justice

Abstract

As AI steadily advances in terms of social legitimacy and continues to permeate diverse societal domains, the imperative for broader governance and accountability intensifies, especially as international frameworks find themselves directly intersecting with environmental protections. AI has been transforming environmental jurisprudence primarily through the integration of smart technologies into dynamic legal systems. This transformation has further enhanced the scope for equitable resource protection and greater climate accountability. However, while clubbing technological advancements with legal principles, several global disparities in terms of economic resources, technological capabilities, and developmental paths cannot be ignored. These variations hinder the creation of efficient, equitable regulations for AI across social domains. Preparedness to regulate AI for mitigating tech-driven ecological harm can be easily checked on the touchstone of the European Commission’s call for the “Sustainability & Ecological Responsibility of AI”. Further, the rise of terminologies like “informational capitalism” has implications for AI in the backdrop of the irresistible force of digital technologies clashing with traditional legal structures. In light of sustainability challenges presented by the AI-environment link, this paper attempts to foster an understanding of the growing urgency of addressing significant developments in the field of AI, providing a fertile terrain for the interaction and inter-development of environmental legislative frameworks with AI. The present paper proposes a better legal framework integration and highlights alternative and innovative pathways to put in place trustworthy AI aligned with environmental goals while effectively dealing with sustainability gaps and issues related to ethical governance.