State Responsibility

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Two nodes of interaction between AI and the obligation to respect state sovereignty

Artificial intelligence (AI) is interacting in ever more complex ways with the sovereignty of states. On the one hand, AI technologies are beginning to underpin key sectors and services, including national security, the economy, healthcare. Consequently – and unsurprisingly – states are seeking to protect AI capabilities and the data infrastructure they rely on. The UK, for instance, designated data centres as critical national infrastructure in 2024 and is planning to designate them as essential services. Such designations play an important role in domestic law – imposing, among others, obligations of risk mitigation and notification on operators of designated infrastructure. These designations may also play a role under international law. Considering AI tools and infrastructure as critical infrastructure or an essential service may affect the application of obligations deriving from state sovereignty.

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A Map Is Not a Memorial: Brazil’s Former DOPS and the Legal Content of Non-Recurrence

Twenty-six years after Minas Gerais enacted a law creating a Human Rights Memorial in the building that housed the state's Department of Political and Social Order (DOPS), a political police body central to dictatorship-era repression, the site has still not been officially converted into the memorial the law envisaged. In November 2025, the Federal Public Prosecutor…

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Access to the Logbook: How Autonomous Ships Complicate the Flag State’s Ability to Fulfill its Article 94 UNCLOS Obligation

On 1 July 2026, the IMO's non-mandatory International Code of Safety for Maritime Autonomous Surface Ships took effect. The Code provides guidelines for maritime autonomous surface ships (MASS), or ships that, to various extents, operate independently of direct human control and are overseen or remotely controlled by humans in remote operations centres (ROCs), where the data,…

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A Reckoning in the Emperor’s Court: Jamaica’s Reparations Petition to the Privy Council

On 7 September 2026, Jamaica, which remains a Commonwealth Country with King Charles III as its head of state, will formally present a petition to the King with three questions about the legality of transatlantic chattel slavery and the UK’s responsibility to make reparations. Jamaica's petition is part of a decade-long coordinated campaign of Caribbean (CARICOM) countries…

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Nuclear Liability Beyond Earth: Who Pays for an Incident on the Lunar Surface?

Lunar exploration during the 20th century sought to reach, explore and, in some cases, return from the Moon, rather than to serve as successive stages in the construction of permanent lunar infrastructure. Today, lunar missions are mostly about establishing the long-term infrastructure necessary to remain there. Under the Artemis Programme, NASA is developing phased infrastructure for…

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