3. The Liability of the Launching State Under the Outer Space Treaty and the Liability Convention

This chapter delves into the liability of launching states under the Outer Space Treaty and the Liability Convention, with a particular focus on the implications of advanced AI in space activities. It begins by providing a comprehensive overview of the liability regime governing space law, critically examining whether Article VII of the Outer Space Treaty and the Liability Convention are adequate to address liability issues arising from the use of AI. The chapter argues that these treaties are not entirely suitable to address liability issues in all cases, highlighting the problems that this can cause. It explores the definition and scope of key terms such as 'launching State', 'damage', and 'space object', and discusses the challenges posed by the fault standard in the context of AI. The chapter also examines the possibility of suspending or terminating the treaties in cases of fundamental change of circumstances, concluding that the introduction of highly advanced AI could lead to such a change. It suggests that the Liability Convention and Article VII of the Outer Space Treaty may not be entirely adequate to govern liability issues arising from the use of AI in all cases, and highlights the problems that this can cause. The chapter concludes by exploring potential solutions to these challenges, including the possibility of amending the treaties or creating new international legal frameworks.