AI Law - International Review of Artificial Intelligence Law
G. Giappichelli Editore

18/05/2024 - Council of Europe Adopts First Binding International AI Treaty (European Union)

argument: Normativa/Regulations - Digital Governance

According to an article from Euronews, the Council of Europe has adopted the first binding international treaty on artificial intelligence (AI). The treaty, known as the "Framework Convention on AI, Human Rights, Democracy, and the Rule of Law," was finalized on March 15, 2024, after 18 months of negotiations involving member states, non-European countries such as Argentina, Israel, Japan, and the United States, and 68 civil society and industry representatives. This treaty aims to create a comprehensive legal framework governing the entire lifecycle of AI systems, addressing risks, and promoting responsible innovation while ensuring adherence to human rights, democracy, and the rule of law.

The treaty, which will be open for signature on September 5, 2024, in Lithuania, emphasizes the importance of transparency, oversight, accountability, and respect for fundamental rights. It sets obligations for both public and private actors involved in AI activities, with limited exemptions for national security and research and development purposes. Future parties to the Convention must implement appropriate legislative, administrative, or other measures to enforce principles such as human dignity, equality, non-discrimination, and privacy rights.

This Framework Convention differs from the EU AI Act, which is confined to EU member states. It is designed to have a global reach, allowing non-European countries to participate, thus ensuring a broader international standard for AI governance. The Convention also aims to foster international cooperation among various stakeholders, including states, civil society, and international organizations like the OECD and UNESCO.

The Convention has been praised for its potential to harmonize AI regulations globally and ensure that AI development aligns with democratic values and human rights standards. However, some concerns remain, particularly about the scope and enforcement mechanisms of the treaty. The Committee of Ministers of the Council of Europe plans to adopt the Convention formally during the Ministerial Session on May 17, 2024, after receiving an opinion from the Parliamentary Assembly​ (EEAS Europa)​​ (Portal)​​ (Portal)​​ (EEAS Europa)​​ (Center for AI and Digital Policy)​.