Are Trains in Space Legal? Examining Problems with a Multilateral Space Resource Management Regime and Public-Private Partnerships

Authors

• Maitland RamesFollow

Abstract

As governments plan to expand into outer space and private parties continue to participate in space operations, the Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, Including the Moon and Other Celestial Bodies (Outer Space Treaty) has the potential to inhibit any ambitions for all but the most basic exploratory missions. That is because Article II of the Outer Space Treaty forbids national appropriation in space, which calls into question the legality of any infrastructure and land use in space. This uncertainty has far-reaching implications for the future economy of space. Fortunately, a compelling solution lies in the proposal for an international resource management regime that can bring land use on another planet into compliance with the Outer Space Treaty. However, it is important to consider that much of the activity in space will fall within the realm of public-private partnerships, and the aforementioned space regime will present unique problems at the intersection of public contracts law and space law.

Recommended Citation

Maitland Rames, Are Trains in Space Legal? Examining Problems with a Multilateral Space Resource Management Regime and Public-Private Partnerships, 91 J. Air L. & Com. 163 (2026)