Autonomizing Outer Space: Updating the Liability Convention for the Rise of Artificial Intelligence (AI)

The rapid rise of artificial intelligence (AI) is reshaping numerous industries, and the Outer Space sector is no exception. This Article examines the transformative implications that AI technologies will have on this domain’s liability framework as established by the Liability Convention.The Article begins with an in-depth overview of this international treaty, followed by an exploration of how AI technologies can enhance various space activities through autonomous decision-making. It then examines how these advancements are challenging Outer Space’s existing liability regime. Here, the Article spotlights how incidents caused by AI-driven space objects can raise complex accountability issues. Specifically, it identifies critical gaps, including ambiguities in the concept of the “launching State,” the suitability of the “absolute liability” regime, and the applicability of “fault-based liability” standards to AI systems.To address these complexities, this Article proposes reforms to the Liability Convention in preparation for this AI space age, including (i) expanding the “launching State” definition to include broader stakeholders, (ii) reexamining the “absolute liability” regime in light of AI autonomy, and (iii) reforming the “fault-based” liability system by establishing standards of care tailored for AI systems.Through these adaptive measures, this Article hopes that the liability framework governing Outer Space can evolve to accommodate AI’s role in space exploration, ensuring fairness, accountability, and the continued advancement of humanity’s cosmic endeavors.