The International Responsibility of States for AI-enabled Space Activities

Table of Contents

1. Frontmatter

2. Chapter 1. Introduction

   Stefan-Michael Wedenig

   Abstract

   This introductory chapter provides the reader with a basic understanding of AI and place this AI in the wider legal arena of space law and introduces the legal framework of space law which is, in turn, embedded in general international law.

3. Chapter 2. Non-Contractual Liability

   Stefan-Michael Wedenig

   Abstract

   This chapter discusses fault, negligence and the reasonable person test contained within. We will build upon the observations of Chap. 1 and discuss how AI challenges our current understanding of fault. This will enable us to make the necessary subsequent step towards public international law and space law. The second part of this chapter will therefore look at the fault standard contained in the Liability Convention and the Outer Space Treaty. As there is no internationally accepted definition of fault in international law, we ought to investigate the question as to how fault in international law should be understood. In part three, this chapter will therefore try to explore how other international treaties deal with fault and argue that negligence is generally seen as one way to establish fault in domestic law and is a central element in many jurisdictions. The author therefore argues that it constitutes a general principle of law recognised by nations. This in turn will then allow us look towards public international law and space law and conclude with outlining the challenges that AI poses to our understanding of fault and how it could lead to the undesired consequences that a State might escape liability altogether under space law for damage in outer space when employing AI for their space applications.

4. Chapter 3. The Liability of the Launching State Under the Outer Space Treaty and the Liability Convention

   Stefan-Michael Wedenig

   Abstract

   The previous two chapters laid the groundwork for our subsequent academic discourse. Building on this, this Chapter will look at the liability of the launching State under the Outer Space Treaty and the Liability Convention in more detail. This chapter will first provide the reader with a comprehensive overview of the liability regime that governs space law before critically examining whether Article VII of the Outer Space Treaty and the Liability Convention are adequate to govern advanced and emerging AI. It will conclude by arguing that Article VII of the Outer Space Treaty and the Liability Convention are not entirely suitable to address liability issues arising from the use of AI in all cases and highlight the problems that this can cause.

5. Chapter 4. State Responsibility for AI-enabled Space Activities

   Stefan-Michael Wedenig

   Abstract

   This chapter looks at the question of whether there exists a hierarchy in the sources of international law and argues that there is none. Afterwards, we will turn our focus towards whether our issue is in fact a question of a conflict of laws. Lastly, the chapter will then assess the viability of utilising the norms of general international law to address damages arising from the use of AI in space activities. In this regard, the author will look at the responsibility of States, as well as the liability of States for injurious consequences not prohibited by law to find and propose a suitable solution within the norms of public international law.

6. Chapter 5. Conclusion

   Stefan-Michael Wedenig

   Abstract

   The conclusion will serve as a stepping stone to bring the arguments together and propose a viable way forward. This chapter will therefore look at our hypothesis, briefly recapitulate the essential arguments of each chapter and answer the research questions asked at the beginning of this book. This chapter will make three viable proposals for a way forward, including a solution within the current lex lata of public international law, which is the preferred approach, that can be sufficient to address liability and responsibility issues arising from the use of AI in space activities, and more broadly in general international law.