Abstract
As the proliferation of space activities has rapidly accelerated, states are increasingly concerned about the lack of clear guidance for responsible behavior in space. Risks due to accident, miscalculation, or misperception abound. Thus, there have been increasing calls for the development of 'norms of behavior' for space at both the international and domestic levels. The principle of due regard, enshrined in Article IX of the Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, Including the Moon and Other Celestial Bodies ("Outer Space Treaty" or "OST"), is an underutilized space law tool that could, if embraced, play a significant role in establishing such norms and creating a more secure, safe, and sustainable environment for space activities.
This paper appraises the value of the due regard principle to international space law from both a legal and international relations perspective, viewing norm development through a constructivist lens. It then provides an interpretation of the due regard principle in accordance with the rules articulated in the Vienna Convention on the Law of Treaties. Two specific examples of gaps in international space law that would benefit from application of the due regard principle are addressed, namely the protection of space science and the applicability of 'safety zones' in space. Finally, the paper concludes with an assessment of why due regard is the thread that holds the tapestry of international space law together, the prime directive of international space.
First Page
57
Recommended Citation
Andrea
J.
Harrington
Due Regard as the Prime Directive for Responsible Behavior in Space,
20
Loy. U. Chi. Int'l L. Rev.
57
(2023).
Available at:
https://lawecommons.luc.edu/lucilr/vol20/iss1/3