Why the Convention matters From principles to binding international law
For most of the past decade, AI governance has consisted of soft-law
instruments: OECD AI Principles (2019), UNESCO Recommendation (2021),
national AI strategies, voluntary corporate commitments. The Council of Europe
Framework Convention is different. It is a binding treaty: states
that sign and ratify it accept international legal obligations on the use of AI by
public authorities, and — where they so decide — by private actors.
The Council of Europe negotiated the Convention over three years, with participation
from its 46 member states and observer states including the US, Canada, Japan, Israel,
Australia, Argentina, Costa Rica, Mexico, Peru, and Uruguay. The Convention is open
to non-Council-of-Europe states, making it a candidate for the first global
framework on AI binding under international law.
The Convention's three foundational pillars — human rights, democracy, and
the rule of law — anchor every operational requirement. Parties commit to
implementing measures protecting these values throughout the AI lifecycle: design,
development, deployment, and decommissioning.
For practitioners, the Convention matters in two practical ways. First, it sets a
baseline that is hard to ignore: as more states ratify, the principles
become incorporated into national law and procurement rules. Second, it
complements the EU AI Act: the Convention provides the human-rights
framing, the AI Act provides the operational detail. Together they form the European
model of AI regulation increasingly cited as a reference outside the EU.