Abstract
On 23 July 2025, the International Court of Justice (ICJ) handed down perhaps one of the most consequential advisory opinions of our time.
The focus of the advisory opinion is on various matters of environmental law and human rights law. However, the questions put to the Court by the United Nations General Assembly also offered the ICJ the chance to clarify, among other issues, the relationship between customary and conventional law, as well as the role of certain “guiding principles” in the interpretation and application of treaties. In particular, the Court took the opportunity to clarify the duty of due diligence, which has been a subject matter in various decisions and opinions of international courts and tribunals, and the focus of study by international law practitioners and experts, as well as the International Law Commission (ILC).
As will be argued in this brief commentary, the obligation of due diligence is of great relevance to the governance of activities that involve a high degree of risk, and where there is an obligation on States to prevent harm emanating from activities under their jurisdiction and control. This is of direct application to the conduct of space activities, particularly in light of the growing privatisation of space activities.
The focus of the advisory opinion is on various matters of environmental law and human rights law. However, the questions put to the Court by the United Nations General Assembly also offered the ICJ the chance to clarify, among other issues, the relationship between customary and conventional law, as well as the role of certain “guiding principles” in the interpretation and application of treaties. In particular, the Court took the opportunity to clarify the duty of due diligence, which has been a subject matter in various decisions and opinions of international courts and tribunals, and the focus of study by international law practitioners and experts, as well as the International Law Commission (ILC).
As will be argued in this brief commentary, the obligation of due diligence is of great relevance to the governance of activities that involve a high degree of risk, and where there is an obligation on States to prevent harm emanating from activities under their jurisdiction and control. This is of direct application to the conduct of space activities, particularly in light of the growing privatisation of space activities.
| Original language | English |
|---|---|
| Journal | Commentaries on Air and Space Law |
| Publication status | Published - 22 Aug 2025 |