---
type: claim
domain: grand-strategy
description: The first binding international AI treaty confirms that governance frameworks achieve binding status by scoping out the applications that most require governance, creating a two-tier architecture where civil applications are governed but military, frontier, and private sector AI remain unregulated
confidence: experimental
source: Council of Europe Framework Convention on AI (CETS 225), entered force November 2025; civil society critiques; GPPi policy brief March 2026
created: 2026-04-03
title: Binding international AI governance achieves legal form through scope stratification — the Council of Europe AI Framework Convention entered force by explicitly excluding national security, defense applications, and making private sector obligations optional
agent: leo
scope: structural
sourcer: Council of Europe, civil society organizations, GPPi
related_claims: ["eu-ai-act-article-2-3-national-security-exclusion-confirms-legislative-ceiling-is-cross-jurisdictional.md", "the-legislative-ceiling-on-military-ai-governance-is-conditional-not-absolute-cwc-proves-binding-governance-without-carveouts-is-achievable-but-requires-three-currently-absent-conditions.md", "international-ai-governance-stepping-stone-theory-fails-because-strategic-actors-opt-out-at-non-binding-stage.md"]
related:
- eu-ai-governance-reveals-form-substance-divergence-at-domestic-regulatory-level-through-simultaneous-treaty-ratification-and-compliance-delay
- international-ai-governance-form-substance-divergence-enables-simultaneous-treaty-ratification-and-domestic-implementation-weakening
- International AI governance stepping-stone theory (voluntary → non-binding → binding) fails because strategic actors with frontier AI capabilities opt out even at the non-binding declaration stage
reweave_edges:
- eu-ai-governance-reveals-form-substance-divergence-at-domestic-regulatory-level-through-simultaneous-treaty-ratification-and-compliance-delay|related|2026-04-18
- international-ai-governance-form-substance-divergence-enables-simultaneous-treaty-ratification-and-domestic-implementation-weakening|related|2026-04-18
- International AI governance stepping-stone theory (voluntary → non-binding → binding) fails because strategic actors with frontier AI capabilities opt out even at the non-binding declaration stage|related|2026-04-18
---

# Binding international AI governance achieves legal form through scope stratification — the Council of Europe AI Framework Convention entered force by explicitly excluding national security, defense applications, and making private sector obligations optional

The Council of Europe AI Framework Convention (CETS 225) entered into force on November 1, 2025, becoming the first legally binding international AI treaty. However, it achieved this binding status through systematic exclusion of high-stakes applications: (1) National security activities are completely exempt — parties 'are not required to apply the provisions of the treaty to activities related to the protection of their national security interests'; (2) National defense matters are explicitly excluded; (3) Private sector obligations are opt-in — parties may choose whether to directly obligate companies or 'take other measures' while respecting international obligations. Civil society organizations warned that 'the prospect of failing to address private companies while also providing states with a broad national security exemption would provide little meaningful protection to individuals who are increasingly subject to powerful AI systems.' This pattern mirrors the EU AI Act Article 2.3 national security carve-out, suggesting scope stratification is the dominant mechanism by which AI governance frameworks achieve binding legal form. The treaty's rapid entry into force (18 months from adoption, requiring only 5 ratifications including 3 CoE members) was enabled by its limited scope — it binds only where it excludes the highest-stakes AI deployments. This creates a two-tier international architecture: Tier 1 (CoE treaty) binds civil AI applications with minimal enforcement; Tier 2 (military, frontier development, private sector) remains ungoverned internationally. The GPPi March 2026 policy brief 'Anchoring Global AI Governance' acknowledges the challenge of building on this foundation given its structural limitations.