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IBA Endorses Historic AI Treaty: Safeguarding Human Rights, Democracy, and the Rule of Law

The International Bar Association recently officially embraced the Council of Europe’s pioneering Framework Convention on Artificial Intelligence and Human Rights, Democracy, and the Rule of Law. It is the first binding international treaty that is meant specifically for the direction of artificial intelligence, that the activities pursued should be in accordance with the basic principles of human rights, democracy, and the rule of law.

Almudena Arpón de Mendívil Aldama, President of the IBA, said: “The Convention on AI adopted by the Council of Europe provides a solid basis to assure protection of human rights, democracy, and the rule of law under the rule of digitalisation. Lawyers and the law societies across the world would do good to embrace this convention expeditiously and enforce it.”

That support follows a report issued jointly with the Center for AI and Digital Policy (CAIDP), which found that nearly half of legal professionals surveyed expressed the view that regulation should be established in the legal industry’s AI applications sphere. The report, The Future is Now: Artificial Intelligence and the Legal Profession, was launched officially during the IBA Annual Conference, at which President Arpón de Mendívil spoke as the conference’s guest of honour. The results point to that 48% of respondents feel that AI should be regulated, and 57% believe that standards for approaches should be implemented across jurisdictions.

Attending the conference, Arpón de Mendívil emphasized the critical role lawyers should play in defining the development of AI technologies responsibly. As AI reshapes the legal landscape, it’s crucial that lawyers are at the helm of governance efforts to ensure that AI systems respect the fundamental rights and values in our societies,” she said. She underscored further that embracing AI by the legal profession must be accompanied by making sure this takes an ethical application route, something the IBA promised to keep supporting toward helping lawyers adapt to these changes.

The IBA report further underlined the transformational effect of AI, especially generative AI, on changing law firms’ operations and strategies. However, it was warning that rise in AI would require significant investment in training as well as strict measures for data governance, security, intellectual property, and privacy. It calls for vigilance within the sector about ethical implications of AI in hiring processes.

Marc Rotenberg, Executive Director of CAIDP, who spoke at a keynote in Mexico City, which read: “The better task for policymakers today would be to build responsible AI governance. With the increasing and rapid development of AI technology, it is necessary that all facets of such applications are embedded in policies that reflect fairness, accountability, and transparency. This report furnishes critical insights and recommendations for legal professionals and policymakers alike.”

The paper derives from the AI task force launched during the IBA’s 2023 Annual Conference in Paris: it announces that the association remains committed to preserving professional values but endeavours to expose members to the development of knowledge on key AI law issues.

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