Reducing space threats through norms, rules and principles of responsible behaviors - Submitted by the Republic of the Philippines

Oct 22, 2026

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Submission by the Republic of the Philippines to the UN General Assembly on reducing space threats through norms, rules and principles of responsible behaviors. The text explains the duty of “due regard” as a foundational legal obligation for spacefaring nations, anchored in major outer space treaties and related UN discussions. It then develops the concept by comparing its evolution in the law of the sea and in outer space, emphasizing balancing rights and interests and guiding application through consultations and good faith.

LanguageEnglish

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Introduction

"Due regard" in the law of the sea

"Due regard" in outer space

General Assembly Advanced Unedited Distr.: General 6 May 2022 English only Open-ended working group on reducing space threats through norms, rules and principles of responsible behaviors Geneva, 9 – 13 May 2022 Item 6(a) of the agenda Reducing space threats through norms, rules and principles of responsible behaviors Taking stock of the existing international legal and other normative frameworks concerning threats arising from State behaviors with respect to outer space The duty of “due regard” as a foundational principle of responsible behavior in space Submitted by the Republic of the Philippines I. Introduction 1. Upholding the duty of“due regard” in the conduct of activities in outer space is essential to reducing space threats through norms, rules, and principles of responsible behaviors. 2. This duty is enshrined in the five main treaties on outer space, particularly the 1967 Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, Includingthe Moon and Other Celestial Bodies (OST) , and in its precursor which is the Declaration of Legal Principles Governing the Activities of States in the Exploration and Use of Outer Space. It has also been noted in discussions by the Group of Governmental Experts (GGE) established by U.N. General Assembly Resolution 72/50 as an important principle in the context of exploring possible substantive elements of a legally-binding instrument on preventing an arms race in outer space. 3. Having “due regard” to the interest of others in the conduct of activities in outer space is beyond being a voluntary norm of state behavior. It is a legal obligation of all spacefaring nations. Elaborating the concept of due regard and its application in outer space would enrich considerations on responsible behavior in space. II. “Due regard” in the law of the sea 4. The duty of “due regard” is a legal principle that transcends international space law and is wellentrenched in other regimes of international law, most notably the law of the sea. In these regimes, norms were developed alongside the clarification and application of the concept of “due regard.” 5. The initial phase of the development of the law of the sea was anchored on the centrality of freedom in the oceans, as embodied in the doctrine of mare liberum. It later became clear, however, that one state’s unchecked and indiscriminate exercise of freedom in the high seas could impinge upon the exercise of the same freedom by other states. This paradox necessitated the development of new norms that recognized the need for limits on the so-called “laissez-faire treatment” of the high seas. 6. In 1956, the International Law Commission (ILC) stated that “states are bound to refrain from acts which might adversely affect the use of the high seas by national of other states.” This concept of self-restraint was debated at the First U.N. Conference on the Law of the Sea (UNCLOS I) . The said conference settled on the principle that states using the high seas should have “reasonable regard” to the interest of other states. The conference enshrined this idea in the 1958 Geneva Convention on the High Seas. 7. While discourse leading to the enshrinement of the duty of “reasonable regard” in the 1958 Geneva Convention at UNCLOS I was, at the surface, an effort to bridge the two concepts of mare liberum and “self-restraint,” the International Court of Justice (ICJ) declared that in fact the principle of“reasonable regard” represented a replacement of “the former laissez-faire treatment” of the high seas. The ICJ’s pronouncement prompted the evolution of the principle from the more judicious language of “reasonable regard” to the more normative and demandable duty of “due regard.” The latter term was eventually enshrined in the 1982 U.N. Convention on the Law of the Sea (UNCLOS) . 8. Subsequent jurisprudence on the law of the sea has since clarified that the duty of “due regard”repr

FAQs

What is the central argument about “due regard” in outer space?

Upholding “due regard” in outer space activities is presented as essential to reducing space threats. It is framed as a legal obligation grounded in key outer space treaties.

How does the document explain the development of “due regard” using the law of the sea?

It traces how freedom on the high seas led to the need for limits when one state’s exercise could impair others. The discussion highlights a progression from “reasonable regard” to the stronger duty of “due regard.”

What does the document say “due regard” requires for applying state conduct in practice?

It states that the duty does not impose a blanket limit, but depends on the rights and duties involved, their importance, and the anticipated impairment. It also indicates that consultations in good faith are typically necessary, with avenues exhausted.

Oct 22, 2026

Uploaded by Stanford