THE DIFFICULT ROAD TO THE FRAMEWORK CONVENTION. DILEMMAS AND STRENGTHS IN THE REGULATION OF AI BY THE COUNCIL OF EUROPE

Mario Hernández Ramos

Abstract

The Framework Convention on Artificial Intelligence, Human Rights, Democracy and the Rule of Law, developed by the Council of Europe, is the world’s first legally binding international treaty on this subject. Its main objective is to ensure that all activities within the lifecycle of AI systems are fully consistent with human rights, democracy and the rule of law. The Convention was designed to establish a universal legal framework. This was not only because non-member countries of the Council of Europe, including the United States of America, Canada, Japan and Israel, as well as Australia, Mexico, Costa Rica, Peru, Paraguay and the Holy See, played an important role in drafting and negotiating the Convention. It was also negotiated with the intention of sending a unified message to the world: the regulation of AI must be based on respect for human rights, democratic values and the principles of the rule of law, transcending particular approaches, interests and legal cultures. However, to achieve this result, the Committee on Artificial Intelligence, which negotiated and drafted the Convention, had to face a series of dilemmas that decisively shaped its content.

TABLE OF CONTENTS

Introduction

  1. The Council of Europe before Artificial Intelligence
    1.1. The pioneering role of the Council of Europe as guardian of human values
    1.2. Ad hoc Committees on Artificial Intelligence: the CAHAI and the CAI
    1.3. Brief introductory description of the Framework Convention
    1.4. The status quo of the Framework Convention: signatures and ratifications

  2. A Long and Difficult Road. The Dilemmas that Have Shaped the Framework Convention
    2.1. Introduction
    2.2. Is hard law regulation necessary?
    2.2.1. Regulation vs. Innovation: A false dichotomy
    2.2.2. Let`s ask the right questions: What to legislate, how to legislate and who should legislate?
    2.3 How detailed should the Framework Convention be legally?
    2.3.1. (New) human rights vs. principles
    2.3.2. The principles in the Framework Convention
    2.4. Should we be happy with the scope of the Framework Convention?

Conclusion

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