Artificial Intelligence and International Space Law: Dual-Use Challenges

Objective: to propose an effective legal mechanism for regulating the use of artificial intelligence in the space sector with a focus on preventing harmful effects and preserving the peaceful and purposeful use of technology. Methods: the research uses the method of comparative legal analysis, doctrinal legal reasoning and scenario analysis of escalation risks. It provides a normative historical analysis of the main treaties of international space law and state practices, comparing them with the approaches of international environmental law focused on achieving specific results. The author additionally relies on the analysis of precedent documents and public policy initiatives illustrating the actual practices of militarization and commercialization of space infrastructure. Results: the study demonstrates that existing international treaty mechanisms do not provide sufficient regulation for dual-use artificial intelligence systems. It identifies gaps in definitions, codification of responsibility, and control mechanisms for autonomous actions. An alternative regulatory approach is proposed, focused not on regulating the technology per se, but on prohibiting specific harmful results (formation of orbital debris, uncontrolled autonomous attacks, signal suppression, etc.). Based on this logic, the author developed a concept of an international agreement with a mandatory annex listing prohibited uses of artificial intelligence and mechanisms for holding states accountable. Scientific novelty: a result-oriented approach to regulating artificial intelligence in space was formalized and justified from a legal point of view, adapting the prohibition model to modern dual-use threats. A typology of prohibited consequences was proposed and correlated with the existing international responsibility institutions. Practical significance: the proposal may serve as the basis for the development of an international treaty or an add-on to international space law. It provides a tool for national licensing and control, facilitates the coordination of positions between states and private operators, and is aimed at preserving innovation while minimizing risks to the sustainability of space activities.