This note argues that the United States policy, as exhibited by the Launch Act, and the intent of the Moon Treaty are not mutually exclusive. Part I of this Note examines the history of the Moon Treaty. Part II examines the current United States policy regarding private enterprise in outer space in light of the passage of the Launch Act. Part III then argues that private enterprise may legally operate in space under the Moon Treaty and the United States policy of encouraging private space development that would not be adversely affected if the United States signs the Moon Treaty. This note concludes that the intent of the Launch Act and the intent of the Moon Treaty are far from being contradictory, both promote the development of space resources and provide a stable, orderly framework to accomplish that goal.
Anthony R. Filiato,
The Commercial Space Launch Act: America's Response to the Moon Treaty?,
10 Fordham Int'l L.J. 763
Available at: http://ir.lawnet.fordham.edu/ilj/vol10/iss4/7