TOWARDS A LEGAL FRAMEWORK FOR AGRO-ENVIRONMENTAL ARTIFICIAL INTELLIGENCE INMEXICO: LEGISLATIVE GAPS AND THE PROTECTIONOF COLLECTIVE RIGHTS IN THE MONITORING OFGENETICALLY MODIFIED ORGANISMS IN GUERRERO

Abstract

The emergence of Artificial Intelligence (AI) systems in the surveillance, detection, and traceability of Genetically Modified Organisms (GMOs) in agrobiodiversity zones poses an unprecedented legal challenge within the Mexican legal order: the absence of a regulatory framework governing this technology at the intersection of environmental law, collective rights of indigenous peoples, and food sovereignty.

This article aims to identify the normative gaps, antinomies, and tensions among fundamental rights generated by the use of AI in monitoring transgenic crops in the state of Guerrero, Mexico, the center of origin of native maize. Using a dogmatic-legal methodology, a de lege lata analysis is conducted of the applicable constitutional and conventional framework —the Political Constitution of the United Mexican States, ILO Convention 169, the Convention on Biological Diversity, and the Cartagena Protocol— as well as current federal and state legislation.

The results reveal the absence of a legal regime for agri-environmental data sovereignty, the practical inapplicability of the right to prior consultation in the implementation of algorithmic technologies in communal territories, and the lack of rules on evidentiary validity and liability for automated decisions.

As a conclusion, a de lege ferenda proposal is formulated, oriented toward reforming the GMO Biosafety Law and creating a special legal statute for Guerrero, articulating the protection of agrobiodiversity, indigenous collective rights, and algorithmic governance under the principles of precaution, progressivity, and interculturality.