International Economic Law and Policy Blog

Sign in Subscribe

Topic

National Security

37 posts

RCEP's Airtight Data Localization Security Exception

Security exceptions in international economic law agreements tend to be more expansive than other exceptions, but over on Twitter Geraldo Vidigal pointed out recently that the RCEP security exception for data localization measures has an element that seems to go further than usual, giving any government that invokes the exception

Commerce Secretary Raimondo on Section 232 Steel and Aluminum Tariffs

If any doubts remained six months into the Biden Administration that the Administration would be any less protectionist or “Buy American” oriented than its predecessor, they were largely laid to rest by recent comments from Commerce Secretary Gina Raimondo in an interview with Bloomberg News *[1] (reported in World Trade

The Beginning, End, and Imminence of Invoking Essential Security at the WTO

With the release of the latest US submission in United States-Origin Marking Requirement (DS597), it is worth thinking about one of the open questions of the GATT security exceptions in today’s climate – what does it mean to take action “in time of” an emergency in international relations? Security exceptions

Solving the Challenges to World Trade (New Essay by Steve Charnovitz)

My new Essay, "Solving the Challenges to World Trade" has been posted as GWU Legal Studies Research Paper 2020-78. The paper is available for download on SSRN at https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3736069. Here is the abstract of the Essay: World trade faces

The USCIT's Transpacific Decision

Gary Hufbauer and I comment on the recent landmark decision in the US Court of International Trade voiding President Trump's tariff action against Turkish steel: https://voxeu.org/content/landmark-court-decision-limits-presidential-trade-restrictions

The historical references in the U.S. First Submission in United States-Certain Measures on Steel and Aluminum Products

The United States’ First Submission for United States-Certain Measures on Steel and Aluminum Products is out. Similar to its third-party submissions in the Russia-Traffic in Transit dispute, the United States argues the drafting history of the International Trade Organization (ITO) supports an understanding that Article XXI GATT is, and has

Import Surge Protection and Retaliation in the Section 232 Agreements

Here's one aspect of the Section 232 steel/aluminum tariff removal agreements/understandings mentioned in a post last Friday (the excerpt below is from the agreement with Canada): After extensive discussions on trade in steel and aluminum covered by the action taken pursuant to Section 232 of the

Non-Delegation Constitutional Law Cases Coming

Keep your eye out for the Gundy Supreme Court decision, which should be out soon: the underlying issue is whether the court will revive the long-dormant principle that Congress cannot delegate its legislative power to executive agencies. The court has not struck down a federal law as an excessive delegation

Four "National Security" Disputes Down, A Bunch More To Go

Canada/Mexico and the United States have worked out a deal to get rid of the Section 232 steel/aluminum tariffs and the retaliatory tariffs. This is from Global Affairs Canada: After extensive discussions on trade in steel and aluminum covered by the action taken pursuant to Section 232 of

Banning Huawei for National Security Reasons

Politico reports: President Donald Trump on Wednesday signed an executive order laying the groundwork to block Chinese telecommunications companies like Huawei from selling equipment in the U.S., a move aimed at neutralizing Beijing’s ability to compromise next-generation wireless networks and U.S. computer systems. The order prohibits the