The Anthropic Case, Frontier Models, and State Positive Duties in the Age of Advanced AI (I): To Promote, To Procure, To Protect

This paper analize the restricted release of Claude Mythos Model that reveals a structural gap in public law: the production, allocation and deployment of frontier AI capabilities are occurring entirely outside the reach of public-law governance, and no existing legal framework—domestic or international—disciplines how these capabilities are distributed or recognises State duties in relation to them. Drawing on Inter-American human rights doctrine—particularly the positive obligations framework established in Velásquez Rodríguez v. Honduras (1988) and the progressive realisation regime under Article 26 of the American Convention on Human Rights—the paper constructs the content of a positive State duty articulated in three dimensions: to promote (research, human capital, international governance participation), to procure (non-discriminatory access through correlative duties of frontier laboratories, by structural analogy with essential facilities doctrine and the Doha Declaration on TRIPS and Public Health), and to protect (defensive deployment under a code/persons test). The analysis is conducted from the perspective of a non-producing State—Chile—and is offered as a doctrinal contribution relevant to the ninety-five per cent of States that do not produce frontier capability and for whom the dominant governance literature, written almost exclusively from producing jurisdictions, has not articulated the problems of access, dependency and procurement that define their position. First piece of a two-paper research programme; the second develops a fourth informational-educational dimension of the same duty.