Cristina Popa Tache

Institution: International Institute for the Analysis of Legal and Administrative Mutations

Period of stay: 28 April - 4 July 2025

Contact: cristinapopatache@legalmutationsinstitute.eu 

Profile: 

Vice Secretary-General, CIRET Paris | Chair, International Institute for the Analysis of Legal and Administrative Mutations Romania| Associate Professor | Editor-in-Chief, International Investment Law Journal

Research Area:

International Investment Law, State Responsibility, and Emerging Technologies

Research Title:

International investment law & State responsibility versus Technology "Reimagining Investment Treaties for the AI Era: Shared Responsibilities of States, Tech Investors, and Key Stakeholders"

Research Outline:

Adapting Investment Treaties for the Artificial Intelligence Era and the Responsibility of States and Tech Investors.

This research project aims to analyse the impact of Artificial Intelligence (AI) on international investment treaties, focusing on defining and establishing the legal framework for the public domain of cyber space and time, and addressing the unique challenges posed by new technologies, particularly regarding the responsibility of states and the parallel liability of tech investors. The rapid developments in AI are fundamentally altering how international investments are conducted, requiring an urgent adaptation or revision of existing regulations to reflect the very new risks and responsibilities.

The first aspect of the research will address how host states can be held accountable for implementing AI in ways that affect foreign investments. At the same time, the research considers the appropriate protection of states, which can be strengthened by setting clear legal boundaries for the public domain of cyber space and time.

A second critical aspect of the research focuses on the responsibility of tech investors who operate AI in ways that can have a global impact, including in the host states of their investments.

Another central point of the research is the need for clear regulations in investment treaties that define specific standards of responsibility in the use of AI. The research will evaluate how concepts such as ”public domain of cyber space and time”, "technological due diligence" and "algorithmic precaution" can be integrated into treaties to ensure that both states and tech investors take proactive steps to minimise the risks and negative effects generated by AI.

Finally, the research will propose concrete solutions for adapting international investment treaties to the AI era.

Publications:

Books and University Course Materials as Sole Author

– Introduction to International Investment Law, ADJURIS – International Academic Publisher (a Clarivate publisher), Bucharest, 2020, ISBN 978-606-94978-2-1 (E-Book), 202 pages.

– Legal Treatment Standards for International Investments. Heuristic Aspects, ADJURIS – International Academic Publisher (a Clarivate publisher), 2021, ISBN 978-606-94978-7-6 (E-Book), 122 pages.

– Public International Law, university course material, Ed. C.H. Beck, October 2022.