Taiwan and Japan Collaborate on AI Governance: Symposium Explores Digital Constitutional Paradigm in East Asia
The first session, titled "Digital Constitutionalism in East Asia: A Japanese Legal Perspective," explored how digital constitutionalism addresses the constitutional and democratic challenges of the AI era. The session was moderated by Associate Professor Jung-Chin Kuo, Director of the Institute of Financial and Economic Law at National Taipei University of Technology. Associate Professor Takehito Yamamoto from the Faculty of Law at the University of Kitakyushu was invited to present on "Digital Constitutionalism and Democracy," discussing the development of constitutional democracy in the face of digital technology disruption. He advocated for the "Minimal Core Democracy Theory," urging a rethinking of how modern states define and uphold democratic values, ensuring that constitutionalism and technological advancements can coexist harmoniously while advancing democratic ideals. Additionally, Researcher Namino IRII from the Global Research Institute of Keio University delved into the commonly adopted "soft law" regulatory approach, examining the legislative obligations and regulatory responsibilities of states in AI governance. She proposed a new theoretical framework to ensure that legislative bodies not only actively oversee AI technology regulation but also find feasible ways to balance it with industrial development.
Finally, Professor Tatsuhiko Yamamoto from the Graduate School of Law at Keio University delivered a comprehensive discussion. As one of Japan's pioneering scholars in AI law, Professor Yamamoto published AI and the Constitution in 2018 and has continued to research the legal developments of AI governance. He analyzed Japan's current "stakeholder-coordinated leadership" soft law model, exploring how to ensure this model effectively encourages technology companies to adhere to regulations, rather than becoming a tool for corporations to influence national policy and create imbalances of power.
The second session was chaired by Director Chin-Li Wang, Director of the Science & Technology Law Institute at the Institute for Information Industry. The session featured Associate Professor Yi-Li Lee from the Institute of Law for Science and Technology at National Tsing Hua University and Assistant Professor Kuan-Wei Chen from the Graduate School of Law at Kyoto University. They analyzed the similarities and differences in AI regulatory strategies among Taiwan, Japan, and South Korea from a transnational comparative perspective. Associate Professor Yi-Li Lee pointed out that, compared to Europe and the United States, East Asian democracies are gradually developing unique regulatory models. These models are influenced by political systems, policy considerations, and industrial scale, which shape the formation and evolution of regulatory frameworks. Associate Professor Ming-Cheng Cheng from the Center for General Education at National Chin-Yi University of Technology approached the discussion from a digital sovereignty perspective. He suggested that Taiwan should introduce the concept of "fully automated administrative decisions" to enhance regulatory transparency and establish a robust AI governance model under digital sovereignty. He also emphasized that the key to future Taiwan-Japan cooperation lies in jointly upholding the values of democracy and human rights. During the panel discussion, Associate Professor Jung-Chin Kuo, Director of the Graduate Institute of Financial and Economic Law at Southern Taiwan University of Science and Technology, noted that global AI regulatory trends can generally be categorized into two paradigms: "preemptive vs. post-event regulation" and "centralized vs. decentralized governance." He stressed that Taiwan should swiftly determine its strategic direction regarding AI and digital sovereignty to adapt to the rapidly evolving international landscape.
The third session was chaired by Distinguished Professor Li-Ching Chang from the Department of Law at Shih Chien University. The session began with a presentation by Associate Researcher Chih-Hsing Ho from the Institute of European and American Studies at Academia Sinica, titled "AI Governance: A Comparative Perspective." Using the theory of social contract, Researcher Ho sought to deconstruct and reconstruct the legal relationships between the state, large platforms, and individuals. His arguments were highly thought-provoking. Following this, Assistant Professor Hsin-Hsuan Lin from the Department of Political Science at NCKU and Assistant Professor Yi-Hao Su from the Department of Political Science at National Taiwan University presented their joint research. Using text analysis methods, they systematically examined official AI regulatory policy documents issued by various governments. Their study revealed that the "Brussels Effect" continues to exert a profound impact in the field of AI governance. The research highlighted that the EU's AI Act has become a global benchmark for AI regulation, influencing not only European businesses but also prompting other countries to reference or align their AI regulations with EU standards. This underscores the EU’s growing capacity for normative influence in digital governance.
Finally, Professor Chun-Jen Chen from the Department of Law at NCKU provided a comprehensive discussion, offering an in-depth analysis of the core perspectives presented in the session. He further explored how sovereign states can balance global regulatory trends with local industry needs, providing valuable insights into AI policy development within the region. Professor Chen emphasized that, amid the accelerating global digital transformation, comparative studies on digital governance and legal frameworks are crucial. Such research is expected to lay a solid foundation for policy formulation and legal reform in the evolving AI governance landscape.
The conference concluded successfully, with participating scholars engaging in in-depth exchanges that fostered the co-creation of knowledge value. This event laid a solid academic foundation for the development of digital constitutionalism and regional cooperation on digital governance in East Asia. It also showcased a new landscape in East Asian digital legal studies, highlighting the region's growing influence in this field.

From left to right: Session 1 Moderator, Associate Professor Jung-Chin Kuo; Distinguished Guests, Dean Chun-Li Tsai of NCKU College of Social Sciences and Executive Vice President Te-Kuang Chou of Southern Taiwan University of Science and Technology; Organizer and Session 3 Presenter, Assistant Professor Hsin-Hsuan Lin; and Session 1 Presenters, Associate Professor Takehito Yamamoto and Researcher Namino IRII

From left to right: Session 2 Presenter, Associate Professor Ming-Cheng Cheng; Discussant, Associate Professor Jung-Chin Kuo; Organizer and Session 3 Presenter, Assistant Professor Hsin-Hsuan Lin; Session 1 Presenters, Associate Professor Takehito Yamamoto and Researcher Namino IRII; Session 3 Moderator, Chair Professor Li-Ching Chang; Session 2 Presenter, Associate Professor Yi-Li Lee; and Moderator, Director Chin-Li Wang

From left to right: Interpreter Hsin-Yi Li, Session 1 Moderator Associate Professor Jung-Chin Kuo, and Presenters Researcher Namino IRII and Associate Professor Takehito Yamamoto

Session 1 Discussant, Professor Tatsuhiko Yamamoto, participated in the seminar via video conference

From left to right: Session 3 Moderator, Chair Professor Li-Ching Chang; Presenters, Assistant Professor Hsin-Hsuan Lin and Associate Researcher Chih-Hsing Ho; and Discussant, Professor Chun-Jen Chen

From left to right: Session 2 Moderator, Director Chin-Li Wang; Discussant, Associate Professor Jung-Chin Kuo; and presenters, Associate Professor Yi-Li Lee and Associate Professor Ming-Cheng Cheng

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