A Review of International Space Law and the International Law of the Sea (Comparative Position of the Commitment to "Due Attention")

International law says countries need to respect each other’s rights and interests when they act on the global stage—whether that’s in the air, at sea, or out in space. This isn’t something with a long history in law; it really started showing up in international agreements about airspace, oceans, and outer space less than a century ago. But even now, almost eighty years later, states and courts haven’t really hammered out what this obligation means. That’s left a lot of confusion and debate.

In this article, I dig into treaties and court decisions to show that “due regard” actually has two sides. First, it means you have to take something into account when making choices. Second—and this one matters more, but gets less attention in the courts—it means you have to find a balance between the similar rights and interests of different countries, especially when their claims or powers overlap.

This balancing act comes from both the duties to avoid harm and the duties to act positively, and you’ll find some of these spelled out in international agreements as separate rules.