The Principle of ‘Due Regard’ in the Light of the Artemis Accords for a Sustainable Lunar Exploration

The chapter aims to analyse the concept of ‘due regard’ as introduced in Article IX of the 1967 Outer Space Treaty and how it is illustrated in the Artemis Accords. The legal definition and the notion of “due regard for the corresponding interests of all other States” are still under debate. In practice, entities conducting space missions hope that no one will interfere with their activities, whether accidentally or intentionally. The chapter focuses on what constitutes the concept of ‘due regard’, for instance through the protection of cultural heritage, and the creation of safety zone. Those elements represent a practical application of the concept and are reflected in the Artemis Accords. In a certain way, soft law instruments, as the Artemis Accords, might lead to the harmonisation of the Law of Outer Space and might contribute to the application of core concepts present in the Outer Space Treaty, such as the principle of ‘due regard’. The development of non-binding instruments, containing principles first introduced in hard law, might lead to the acceptance and application by States and private entities of the main principles of space law, thus contributing to a sustainable lunar exploration and beyond.