A Rule-of-Law Model for Governing AI Risks: The Global Significance of Canada’s New AI Strategy

Mike Kelly and I continued our work on AI risks and governance issues with an essay in Just Security examining the significance of Canada’s new AI strategy. Here is a short abstract of the essay:

Democratic AI governance is conventionally mapped along a single axis of regulatory intensity, with the European Union’s rights-based AI Act at one pole, the United States’ innovation-first approach at the other, and Canada and Japan occupying a middle position. This essay argues that the axis measures the wrong variable. What matters is not how much a state regulates AI but how it exercises power over AI — whether that power is rule-bound, transparent, and reviewable, or discretionary and exercised at executive speed. Remapped on that basis, the United States, which governs through procurement leverage, export controls, and executive directives rather than statute, sits at the troubling end, while Canada keeps company with the rule-bound regimes.

The significance of Canada’s “AI for All” strategy (June 2026) lies not in splitting the difference between regulation and innovation but in grounding governance in rule-of-law principles — published criteria, mandatory notice, reasons, and recourse — though its reliance on voluntary private-sector compliance remains a serious weakness. The essay further contends that all four models neglect the risk posed by artificial general intelligence, and that only credible ex ante binding commitments can constrain actors against their own competitive interests. Middle powers should emulate the Canadian model pending an eventual treaty framework.

New Substack – Law in Crisis

I have launched a new substack, entitled Law in Crisis, which some might find interesting. As the masthead explains, it is a forum for “musings on how law can help our response to crises, and how to respond to the crisis in law itself – use of force and armed conflict, climate change and security, AI and security, constitutional and int’l human rights, and the rule of law more generally.”  The plan is to publish an essay of between one to two thousand words at least once a week.

Speaking to the CBC on the Gaza Conflict

I was pleased that the media is reaching out to international law scholars to get explanations of the legal issues raised by the conflict in Gaza, and was happy to speak with the CBC’s Canada Tonight show on the topic despite how fraught the issues are, but I found it difficult to provide the necessary nuance or really explain the complexity of any of these issues in the short time provided. It is pity that there is not sufficient time to lay out the issues in a little more depth and sophistication. Some other media, such as Ali Velshi’s spot on MSNBC, have taken a little more time with experts to explain some of these issues more fully. It is important for the public to understand these issues better.

Testifying on Economic Sanctions in the House of Commons, Standing Committee on Foreign Affairs

It was an honor to invited to testify before the Standing Committee on Foreign Affairs and International Development in the Parliament of Canada’s House of Commons, on September 27, 2023, on issues relating to Canada’s economic sanctions laws, but I confess that the format was less than ideal. With each member of the committee allotted as little as five minutes for a question and an answer, it was really impossible to delve into the complexities of the issues being addressed, which was a real shame. My testimony was based on my report for policy makers on Economic Sanctions Under International Law, which was published in 2021.