Cheng-chi (Kirin) Chang (Emory University School of Law) has posted The First Global AI Treaty: Analyzing the Framework Convention on Artificial Intelligence and the Eu AI Act (2024 University of Illinois Law Review (Online) 86 (2024)) on SSRN. Here is th ebstract:
This essay provides a comprehensive analysis of the Council of Europe’s Framework Convention on Artificial Intelligence and Human Rights, Democracy and the Rule of Law, adopted in May 2024. As the world’s first legally binding international treaty on AI, the Convention aims to establish common standards for AI governance grounded in human rights, democratic values, and the rule of law. This essay examines the Convention’s key provisions, comparing them with other regulatory frameworks, particularly the EU’s Artificial Intelligence Act. It highlights the Convention’s broad scope, lifecycle approach to AI governance, flexible implementation mechanisms, and emphasis on stakeholder engagement and international cooperation.
The analysis explores the Convention’s strengths, including its global ambition, inclusive drafting process, and ethical foundations. However, it also critically assesses potential limitations, such as challenges in enforcement, possible regulatory fragmentation, and implementation hurdles in the face of political and technological complexities. This essay argues that while the Convention marks a crucial step towards coherent global AI governance, its effectiveness will ultimately depend on addressing these challenges and fostering a global culture of responsible AI development.
The essay concludes by offering recommendations for enhancing the Convention’s impact, including developing supplementary protocols, strengthening monitoring mechanisms, and promoting ongoing international dialogue. It emphasizes the need for immediate next steps, such as refining the Convention through global stakeholder engagement, stress testing proposed measures, and expanding research to fill critical knowledge gaps. The Convention’s success will be measured by its ability to guide the responsible development and deployment of AI technologies on a global scale, ensuring they serve to enhance rather than undermine human flourishing and societal well-being.