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National Security

37 posts

Opt Outs, NVNI, or Automatic Rebalancing for National Security Disputes

Veteran U.S. trade lawyers Warren Maruyama and Alan Wolff have a new paper out on "Saving the WTO from the national security exception". In their conclusion, they set out three solutions to the "impasse over justiciability of national security claims": (1) allowing Members to "

Negotiating After a Loss – ADR and the US Steel Tariff Cases

How can the WTO facilitate negotiation between disputing WTO Members? DSU Article 5 offers all disputing WTO Members flexible dispute processes via good offices, conciliation, or mediation. Such proceedings may begin at any time (see fn 59), end at any time, precede formal dispute proceedings, and continue while a panel

Katherine Tai on Interpreting the Essential Security Exception

Yesterday, Ambassador Katherine Tai gave the Wenger Lecture at American University's Washington College of Law. She took some audience questions afterwards, and I used the opportunity to ask her about the U.S. position on the essential security exception at the WTO. I realized there is only so

The Curious Case of US Self-Judging, Part 2

Last Friday, the United States appealed the US-Origin Marking Requirement (DS597) and the US-Steel and Aluminium Products (DS544,552, 556, 564) reports. With the appeal came news that the US would lead an effort to draft an authoritative interpretation of GATT Article XXI. This U.S. administration will want to

National Security Disputes, Non-Violation Nullification or Impairment, and Authoritative Interpretations

At today's DSB meeting, in the context of the consideration of the U.S. - Steel/Aluminum and U.S. Origin Marking panel reports, the U.S. offered the following explanation of why it was appealing the reports into the void, as well as some broader steps it

If I were an Appellate Body. Post 1.

At the close of December, 2 WTO panel reports were circulated. First, United States – Certain Measures on Steel and Aluminium Products (DS544/552/556/564) on 9 December 2022. Second, United States-Origin Marking (DS597) on 21 December 2022. This post is in multiple parts. The first, If I were an

Katherine Tai on National Security

At a CFR event in December, Christina Davis of Harvard asked U.S. Trade Rep. Katherine Tai the following question about the WTO panel ruling on the Section 232 steel and aluminum duties: I'd like to ask about your response to the WTO panel ruling last week that

Some Questions after the WTO Panel Reports on the U.S. Section 232 Tariffs

Four separate WTO panel reports related to the U.S. Section 232 tariffs on steel and aluminum were circulated on Friday, in complaints brought by China, Norway, Switzerland, and Turkiye. Here are some questions I had about these disputes. What will the complainants do now? Assuming the U.S. appeals

Friend-shoring

Friend-shoring. Secretary Yellen’s remarks of April 13, 2022 spoke of “friend-shoring” – a commitment to work with countries that “have strong adherence to a set of norms and values about how to operate in the global economy and about how to run the global economic system.” Friend-shoring is not new.

Questions about the 1982 Decision and Article XXI of the GATT

In 1982, the contracting parties adopted a Ministerial Declaration to take seriously the consideration of 'non-economic' trade measures. On 30 November 1982, the contracting parties adopted the Decision Concerning Article XXI of the General Agreement (the 1982 Decision) which set out some basic procedural guidelines for the application