This Comment argues that a broad interpretation of the Outer Space Treaty is proper, and that the SPACE Act of 2015 violates the Treaty's bar on appropriation. Taking into account methods of treaty interpretation and examining the historical context at the time the Treaty was drafted supports a broad interpretation. This Comment proposes that there is indeed much to be desired by allowing and supporting celestial development, but that a change in the international regulatory regime is necessary to allow the SPACE Act of 2015 to operate without violating the Outer Space Treaty.
Fictions of the Final Frontier: Why the United States SPACE Act of 2015 Is Illegal,
Emory Int'l L. Rev.
Available at: https://scholarlycommons.law.emory.edu/eilr/vol33/iss4/6