Due Diligence in Space Law: A New Guiding Principle?

Climate law lessons may soon reach the stars.

A recent International Court of Justice (ICJ) advisory opinion on climate change highlights the duty of “due diligence," a legal principle that could shape how nations and private companies operate in outer space.

The Court stressed that states must use all means at their disposal to prevent significant harm from risky activities, a standard that becomes stricter as risks increase.

Legal scholars say this evolving duty could extend to space law and governance, requiring states to supervise commercial actors, conduct risk assessments, and consult with other nations before launching potentially hazardous activities.

“Due diligence, as the Court points out, is an evolving standard, which is more demanding in the light of new scientific or technological knowledge. This again would be well suited to the regulation of space activities.”

— Kuan-Wei Chen, McGill University

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