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SPACE LAW & ARTIFICIAL INTELLIGENCE RESEARCH

Abstract Paint

This doctoral thesis addresses the challenges of attributing liability for damage in the context of integrating Global Navigation Satellite Systems (GNSS) as essential features of Artificial Intelligence (AI) technologies. The topic represents a pressing issue in a variety of sectors such as aviation, maritime, and road transport, increasingly characterized by high autonomy levels, leading to operational efficiency but also being threatened by significant risks. Satellite signals may be easily interfered with, which can cause disturbances in the normal operation of AI systems, potentially causing accidents involving loss of life, property damage, or economic losses. For exploring the legal intricacies of such scenarios, after setting the scene and defining the concept of “non-contractual liability” from a civil law perspective, a dual approach is undertaken, involving the synergy “international space law - technology law”. Under international space law, the debate centers on the key liability elements provided by the Liability Convention: the space object, damage, and causation. The traditional doctrinal interpretations of these terms do not allow compensation for damage caused by satellite signal failures, thus requiring a new approach where the “restitutio in integrum” principle as well as the principles of justice and equity included in the Liability Convention are duly considered. From a technology law perspective, the GNSS liability problem is assessed through the lens of the proposals issued by the European Commission, in terms of AI governance and liability, specifically the AI Act, the AI Liability Directive, and the New Product Liability Directive. None of the above-mentioned proposals contain any specific provisions regarding GNSS-enabled AI systems. Due to this, the risk-based approach used for classifying AI systems via the AI Act is analyzed to assess whether GNSS-enabled AI systems are either prohibited, high-risk, or AI systems with minimal risks. A correct categorization triggers the applicability of different legal regimes, in the light of the AI Liability Directive, imposing a fault-based liability regime, and the New Product Liability Directive, imposing a product liability regime. The analysis of the legislative proposals, through the lens of GNSS-enabled AI, revealed a series of legal lacunae, which may cause a fragmented approach. To mitigating such risks, policy recommendations are included, which may serve as a useful tool for the European legislator.

Abstract Surface

Publications

Bratu I, ‘Artificial Intelligence for Future Lunar Societies: A Critical Analysis of the Liability Problem’, 5th Global Moon Village Workshop & Symposium (2021) <https://mva2021.cseo.org.cy/live/presentations/>

Bratu I, ‘Blaming Galileo: Liability for Damage Caused by Artificial Intelligence Operating Based on GNSS’ (2021) 64 Proceedings of the International Institute of Space Law 449

Bratu I, ‘European Space Torts: Contextualizing Liability for Damage Caused by Galileo Services’ Working Paper (12 October 2022) <https://papers.ssrn.com/abstract=4245698>

Bratu I, ‘A First Critical Analysis of the European Approach to Damage Caused by Artificial Intelligence Enabled by Global Navigation Satellite Systems. A Bridge to Nowhere or a Cloud with a Silver Lining?’ [2023] International Review of Law, Computers & Technology 1

Bratu I, ‘Charting the Uncharted Waters: Non-Contractual Liabilities for Damage Caused by GNSS-Enabled Artificial Intelligence: Legal Challenges in International Space Law and European Tort Law’ (PhD-Thesis, 2024)

Bratu I and Freeland S, ‘Artificial Intelligence, Space Liability and Regulation for the Future: A Transcontinental Analysis of National Space Laws’, Proceedings of 73rd International Astronautical Congress (IAC) (IAC 2022) <https://papers.ssrn.com/abstract=4230848> accessed 8 October 2022

Bratu I and Leiser M, ‘Editorial: Navigating the Convergence of Law, Computers & Technology’ [2024] International Review of Law, Computers, and Technology

Bratu I, Lodder AR and van der Linden T, ‘Autonomous Space Objects and International Space Law: Navigating the Liability Gap’ (2021) 18 Indonesian Journal of International Law 423

Bratu I and others, Recommended Framework and Key Elements for Peaceful and Sustainable Lunar Activities (Moon Village Association 2022) <https://moonvillageassociation.org/gegsla/documents/gegsla-recommended-framework/> accessed 9 May 2024

Conca S, Bratu I, Leiser M, Cooper Z , ‘May Cause Liability – Use Care When Using the Internet of Things’ (2022) <https://osf.io/preprints/socarxiv/fz8qk/> 23 November 2022

Abstract Texture
Speaker, Reviewer, Editor
  • Journal of Law, Market & Innovation (Journal)

Ioana Bratu (Reviewer)

1 May 2023

Activity: Peer review and Editorial work › Peer review › Academic

  • Introduction to Space Law, Niubox Digital Law Firm, First Space Law Event in Ecuador

30 Nov 2023

Activity: Speaker

  • The European Approach to AI Governance and Regulation

Ioana Bratu (Speaker)

25 Oct 2023

Activity: Lecture 

  • Philosophy and Technology (Journal)

Ioana Bratu (Reviewer)

6 Feb 2023

Activity: Peer review and Editorial work › Editorial work › Academic

  • BILETA 2023

Ioana Bratu (Organiser)

13 Apr 2023 → 14 Apr 2023

Activity: Participating and organising an event 

  • International Review of Law, Computers & Technology (Journal)

Ioana Bratu (Guest editor)

1 Sept 2023 → 1 Feb 2024

Activity: Editorial work 

  • BILETA Annual Conference: The European Approach to liability for damage caused by AI products enabled by GNSS

Ioana Bratu (Participant)

12 Apr 2022

Activity: Speaker

  • University of Oslo, Norway: European Space Torts. Contextualizing Liability for Damage Caused by Galileo Services

Ioana Bratu (Speaker)

31 Oct 2022

Activity: Research Presentation 

  • Edward Elgar Publishing Ltd 

Ioana Bratu (Reviewer)

1 Aug 2022 → 1 Jun 2023

Activity: Peer reviewer 

  • Manfred Lachs Moot Court: European & Asia Pacific Rounds

Ioana Bratu (Judge)

1 Oct 2022

Activity: Valorization

  • WINNER Conference: Space Technology for Equal and Sustainable Digital Societies

Ioana Bratu 

19 Oct 2022

Activity: Panel Preparation and Presentation

  • Aurora Research Conference: Space Law & Artificial Intelligence

Ioana Bratu (Speaker)

26 Aug 2021

Activity: Lecture / Presentation › Academic

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  • International Institute of Space Law (External organisation)

Ioana Bratu

1 Apr 2021

Activity: Member

  • Space Law and Policy Group

Ioana Bratu (Speaker)

28 Apr 2021

Activity: Lecture / Presentation › Professional

  • European Centre for Space Law 

Ioana Bratu 

1 Feb 2021 - present

Activity: Member

SPACE LAW & ARTIFICIAL INTELLIGENCE COURSES

Multidisciplinary Courses for All Professional Levels

VU AMSTERDAM, THE NETHERLANDS

Artificial Intelligence is disrupting our daily lives. This emerging
technology offered unprecedent scientific discoveries on Earth as well
in Space. Over the last decade, alongside with spectacularly increasing
budgets and a growing number of space actors, artificial intelligence
(AI) had an enormous impact on the developments in space related
activities.
NASA and the European Space Agency indicate that technology autonomy is
treated as a top priority. Very soon, fully autonomous systems will
function without human intervention, they will act on their own, which
will create a series of advantages, such as: (i) enabling spacecraft to
rapidly assess and react to events and environments, thus increasing the
reliability and productivity of missions, (ii) enabling new deep space
exploration missions, which were not possible before (e.g. exploring
Mars), (iii) reaching a new level of human-machine interaction (e.g.
humans can receive AI assistance during long term missions on the
International Space Station), (iv) prevent and mitigate space pollution
(space junk) etc.
In the space industry, the growing dependence on artificial intelligence
as well as the rise of private actors alongside states is referred to as
the new “NewSpace”.

This new phenomenon does not come without legal implications.

Therefore, during this course, students will get
acquainted with the challenges posed by artificial intelligence in
relation to the existing norms regulating human activities in and
relating to outer space, i.e. the so-called “Space Law” (a branch of
international law mainly comprised of treaties, conventions and United
Nations General Assembly resolutions).

Offered every year: February - April. 

AMSTERDAM, THE NETHERLANDS & ONLINE

The ALTI AI Academy offers a unique multidisciplinary approach combining legal, technical and socio-economic implications or artificial intelligence. The Academy is addressed to a diverse range of participants, from bachelor and master students, PhD candidates and professionals.

Offered every year in July.

SPACE AND TELECOMMUNICATIONS LAW

PARIS, FRANCE

 

This course covers the main provisions of Corpus Juris Spatialis (the Outer Space Treaty, Liability Convention, Registration Convention, Rescue Agreement, Moon Agreement) as well as the legal framework governing the use of space and telecommunications technologies. It will also analyze the challenges posed by emerging technologies such as artificial intelligence and the increasing commercialization of the space sector, highlighting the associated legal and policy implications.
The students actively participate in lectures and tutorials, will analyze case studies, prepare oral presentations and work in allocated groups.

 

Offered every year in June.

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