International Legal Regulation of Autonomous Technologies Liis Vihul
T
he advent of new technologies always prompts questions concerning their legality, and this is certainly true with respect to autonomous technologies, including those using varying degrees of artificial intelligence (AI). As autonomous solutions are developed and employed, countries need to ensure that their use aligns with established moral and ethical principles, which are often enshrined in both domestic and international legislation. The basic legal dilemma concerning any new technology is ascertaining whether existing law is capable of regulating it in conformity with those principles and, if not, what new legal instruments are necessary to meet that objective. This essay explores that question in the context of autonomous technologies. Innovation in autonomy is being driven simultaneously by civilian and national security (including military) demands. Commercial autonomous technology for civilian application is primarily subject to domestic legal regulation, although international law can, and is likely to, play some role in its governance. Autonomous military technologies are predominantly developed for employment in an international environment during armed conflict; in that setting, international law is prominent. The essay begins with a discussion of the prospect for international legal regulation of autonomous civilian technologies. It then turns to certain challenges relating to international law that employing autonomy in national security and defence contexts, including on the battlefield, presents.
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