Council of Europe Opens World’s First Global AI Treaty for Signature
Mariam BahaaEldein Thabet | Mansoura U. Faculty of Law, EG | September 5, 2024
The Council of Europe has opened the world’s first legally binding global treaty on artificial intelligence (AI) for signature. This groundbreaking treaty was unveiled during a conference in Vilnius, Lithuania, and aims to establish a new international standard that ensures AI systems adhere to human rights, democratic values, and the rule of law.
Framework Convention on Artificial Intelligence
Officially titled the Framework Convention on Artificial Intelligence and Human Rights, Democracy, and the Rule of Law (CETS No. 225), this treaty represents a significant moment in global AI regulation. It has been signed by several nations, including the European Union, the UK, the US, and others. Adopted by the Council of Europe’s Committee of Ministers on May 17, 2024, this treaty creates a thorough legal framework that encompasses the entire lifecycle of AI systems—from their design and development to deployment and decommissioning.
A Comprehensive Approach to AI Regulation
This convention establishes the first legally binding global framework for AI, aligning with EU regulations, including the EU AI Act. Notably, the EU played an instrumental role in shaping this treaty, which reflects the principles outlined in the EU AI Act. Key components of the treaty include:
- Human-Centric AI: Emphasizing alignment with human rights, democracy, and the rule of law.
- Risk-Based Approach: Identifying and mitigating risks associated with AI.
- Trustworthy AI Principles: Incorporating aspects such as transparency, robustness, safety, and data governance.
- Transparency Obligations: Ensuring clarity in AI-generated content and interactions with AI systems.
- Accountability Measures: Strengthening documentation, accountability, and remedies for AI-related issues.
- Innovative Regulation: Supporting safe innovation through regulatory sandboxes.
- Risk Management Duties: Enforcing responsibilities related to documentation and oversight.
The treaty will enter into force three months after five signatories, including at least three Council of Europe member states, ratify it. This ensures effective implementation while allowing ample time for broader adoption across nations.
Inclusive Contribution to the Treaty
Negotiated by the Council of Europe, the treaty saw contributions from 46 member states, the EU, and 11 non-member states, including Argentina, Australia, Canada, and more. Furthermore, representatives from the private sector, civil society, and academia participated as observers.
Significance and Future Implications
Marija Pejčinović Burić, the Secretary-General of the Council of Europe, emphasized the treaty’s importance by stating, “We must ensure that the rise of AI upholds our standards rather than undermining them.” She expressed hope that the treaty would garner many signatures and prompt rapid ratification.
Moreover, the treaty mandates that parties provide legal remedies for victims of AI-related human rights violations and implement procedural safeguards like notifying individuals when interacting with AI systems. Although it does not cover national security activities, it requires compliance with international law and democratic principles, especially regarding areas where AI could impact human rights, democracy, or the rule of law.
Historical Context
The first Continental Congress convened in Philadelphia on September 5, 1774, to protest the “Intolerable Acts” imposed by the British Parliament. Likewise, on September 5, 1798, France instituted a conscription law, mandating military drafts for young males, highlighting the evolution of legal frameworks in response to societal needs.
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