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Home > LAWREVS > WILJ > Vol. 35 > No. 1 (2026)

 

Washington International Law Journal

Abstract

Abstract: Despite Taiwan’s significant contributions to the global artificial intelligence (AI) ecosystem, its role remains underexamined in international AI governance discourse. This Article addresses this gap by analyzing Taiwan’s emerging AI regulatory framework, with particular emphasis on the Draft Basic Law on Artificial Intelligence (the “Draft AI Law”). Situating Taiwan’s approach within the broader global regulatory landscape, the Article compares the Draft AI Law with key international models, including the European Union’s AI Act and the United States’ NIST AI Risk Management Framework, while also drawing on regulatory developments in Japan and South Korea. Rather than providing a clause-by-clause analysis, the Article examines the structural and contextual factors shaping Taiwan’s AI regulation and identifies key uncertainties within the Draft AI Law, particularly regarding the governance of general-purpose AI (GPAI). Given the rapid evolution and uncertain risks of GPAI, the Article argues that adopting a centralized and rigid regulatory model, such as that of the European Union, may be premature for Taiwan. The Article proposes a hybrid regulatory framework that combines hard and soft law mechanisms, anchoring core principles such as risk management and transparency in legislation while allowing more technical and dynamic issues to be addressed through flexible, expert-driven processes. It further recommends a comprehensive assessment of GPAI prior to the implementation of binding regulations and suggests targeted revisions to the Draft AI Law to promote innovation while advancing trustworthy, ethical, and responsible AI governance.

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