‘The First-Ever International Legally Binding Treaty’ on AI Has Been Signed by US, UK, and EU
- Martina
- 23 September 2024, Monday
After years of progress and discussions held between the authorities of 57 countries, the world’s ‘first-ever international legally binding treaty’ regarding AI systems has officially been signed by the US, UK, EU, and others.
The first legally binding AI treaty to safeguard human rights and the rule of law
The news regarding the signed document was announced in an official statement on the website of the Council of Europe earlier this month (September 5, 2024). As the announcement read, the Council of Europe’s Framework Convention on artificial intelligence and human rights, democracy, and the rule of law was opened for signature during the conference of Council of Europe Ministers of Justice in Vilnius.
The Framework Convention marks the very first international legally binding treaty that aims to ensure that the use of AI technology complies with “human rights, democracy, and the rule of law.” Overall, it was signed by the following countries: Andorra, Georgia, Iceland, Norway, the Republic of Moldova, San Marion, the United Kingdom, Israel, the United States, and the countries of the European Union.
The Convention is primarily focused on protecting the human rights of those affected by various AI systems. It provides a legal framework for the entire lifecycle of AI systems and promotes the development and innovation of AI while managing and mitigating the risks it may impose, as previously mentioned, on human rights, democracy, and the rule of law.
It’s important not to confuse the treaty with the EU AI Act, first proposed back in 2021 and put into force in August this year. The EU AI Act is considered the first comprehensive regulation regarding the development, deployment, and use of artificial intelligence in the territory of the European Union countries. As a piece of product regulation, it does not discuss or protect the rights of individuals but regulates the providers of AI systems and entities utilizing AI in a professional context.
Council of Europe Secretary General Marija Pejčinović Burić stressed the importance of the treaty, stating, “We must ensure that the rise of AI upholds our standards, rather than undermining them. The Framework Convention is designed to ensure just that.”
“It is a strong and balanced text — the result of the open and inclusive approach by which it was drafted and which ensured that it benefits from multiple and expert perspectives. The Framework Convention is an open treaty with a potentially global reach. I hope that these will be the first of many signatures and that they will be followed quickly by ratifications so that the treaty can enter into force as soon as possible.”
The Framework Convention was adopted by the Council of Europe Committee of Ministers on 17 May 2024. The 46 Council of Europe member states, the European Union, and 11 non-member states (Argentina, Australia, Canada, Costa Rica, the Holy See, Israel, Japan, Mexico, Peru, the United States of America, and Uruguay) negotiated the treaty. They were joined by representatives of the private sector, civil society, and academia, who contributed as observers.
A broad framework but limited enforcement
As an open legal document, the treaty sets forth several key principles that the participating states must adhere to throughout the entire cycle of an AI system. These principles include privacy and data protection, transparency and oversight, equality and non-discrimination, safe innovation, and human dignity.
In addition to these principles, the treaty further requires individual states to implement measures that will assess and mitigate any potentially negative impacts of AI and provide effective countermeasures where human rights were violated due to the use of the technology.
The high level of generality and lack of strict enforcement have been criticized by many upon the treaty’s official announcement. Francesca Fanucci, a legal expert at ECNL who has contributed to the treaty’s drafting process, said that the Convention had been "watered down" into a broad set of principles.
"The formulation of principles and obligations in this convention is so overbroad and fraught with caveats that it raises serious questions about their legal certainty and effective enforceability," she said to Reuters. Lawyers at the renowned law firm Bird & Bird have expressed similar views, calling the effectiveness and impact of the AI Convention ‘limited’ due to the lack of strict enforcement criteria.
Critics have also pointed out the exemption of AI systems used for national security purposes and the limited oversight of private companies in comparison to the public sector. To provide more background information, while the agreement applies to all public sector-related use of AI, the text itself does not explicitly cover private sector use of the technology. Even in this case, it is up to individual states to lay out the extent to which private companies must follow the defined requirements and obligations.
The text also includes an explicit exemption for national security interests, stating that the Convention is not to be applied to "activities within the lifecycle of artificial intelligence systems related to the protection of its national security interests."
Regardless of the criticism, the treaty will come into force on the first day of the month following the expiration of a period of three months after the date on which five signatories, including at least three Council of Europe member states, have ratified it. All countries worldwide will be eligible to join and comply with its provisions.
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