Brooklyn Journal of Corporate, Financial & Commercial Law


Drew M. Fryhoff

First Page



Space, the final frontier. Resting at the rim of the Earth, an endless void full of opportunity awaits those who are willing to take a leap of faith. Historically, only national space programs have been capable of orchestrating expeditions to outer space. However, American aerospace companies now rival governmental entities in their abilities to operate beyond the Earth’s atmosphere. State-of-the-art developments in aerospace technology have positioned the American commercial space sector to become more productive than national space programs in the years to come. Unfortunately, the potential of the American commercial space sector is severely hindered under the Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space (Outer Space Treaty)—an international treaty enacted in 1967 that governs all American activities in outer space. This Note explores how specific provisions of the Outer Space Treaty can have a negative impact on American aerospace companies and proposes new legislation which can serve as a foundation of law for the ever-evolving American commercial space sector.