4. State Responsibility for AI-enabled Space Activities

This chapter critically examines the current treaty regime governing state responsibility and liability for AI-enabled space activities, highlighting its inadequacies in addressing the challenges posed by advanced AI. It argues for a shift towards general international law, which is better equipped to handle the complexities of AI in space. The text explores the concept of state responsibility under general international law, discussing the principles of attribution and the role of fault. It also delves into the liability of states for injurious consequences not prohibited by law, emphasizing the importance of the principle of sic utere tuo ut alienum non laedas. The chapter concludes by proposing a critical view of state liability, questioning the ILC's approach to separate state liability from state responsibility. By providing a comprehensive analysis of these topics, the chapter offers valuable insights into the future of state responsibility and liability for AI-enabled space activities.