Commentary on the Council of Europe Framework Convention on Artificial Intelligence, Human Rights, Democracy and the Rule of Law

Abstract

The article is one of the first attempts to provide a scientific commentary on the Council of Europe Framework Convention on Artificial Intelligence, Human Rights, Democracy and the Rule of Law of 2024 (hereinafter — the Convention). The authors analyse both general characteristics of the Convention — its legal nature, object and purpose — and specific issues concerning the implementation of the principles of democracy and the rule of law enshrined in this international treaty, the procedure for the use of legal remedies, the scope of parties, as well as the mechanisms of implementing the Convention at the national level. Furthermore, the article contains a comparative legal analysis of this treaty with the European Union Act on Artificial Intelligence, which, prior to the adoption of the Convention, constituted a unique exemplar of the most comprehensive international legal document regulating the utilisation of this technology. The authors conclude that, despite embodying a “soft” model of international legal regulation in the sphere of artificial intelligence, the Convention is nevertheless capable of stimulating the development of domestic legislation in the States Parties. Furthermore, some of the approaches used in this treaty could be considered for the development of international legal instruments dedicated to artificial intelligence within the BRICS, SCO and/or EAEU.