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National Security

37 posts

A Proposal for "Rebalancing" To Deal With "National Security" Trade Restrictions

As much fun as it is to think about what GATT Article XXI means, and to analyze WTO panel reports that interpret and apply it, I'm skeptical that WTO litigation about measures for which the responding party has invoked the national security exception will help resolve many trade

The Russia - Traffic in Transit Panel Report

The Russia - Traffic in Transit panel report was circulated today. The big systemic issue here is the interpretation of GATT Article XXI, and the question of to what extent panels or the AB can scrutinize challenged measures when Article XXI has been invoked. Recall that GATT Article XXI says:

The Internal U.S. Government Debate over the GATT Security Exception

Mona Pinchis-Paulsen has a great new paper called "Trade Multilateralism and National Security: Antinomies in the History of the International Trade Organization". I highly recommend pp. 11-25, which describes the internal U.S. government debate on the power to interpret the security provisions. I don't think

Panels Composed in the Section 232/Retaliation Cases

For the nine panels established to hear the complaints against the Section 232 measures, the panels have all been composed with the same panelists, as follows: Elbio Rosselli (Uruguay) Esteban Conejos (Philippines) Rodrigo Valenzuela (Chile) For DSC subscribers, you can click the link to see which past cases each has

CIT Hearing on the Constitutionality of Section 232

Last Wednesday, the U.S. Court of International Trade held a hearing on the constitutional challenge to Section 232 (background on the complaint is here). The full transcript is here. There were lots of interesting exchanges. Here are a few snippets: HON. GARY S. KATZMANN: Can I -- Mr. Morrison,

Comments of Steve Charnovitz to the Section 232 Steel Investigation

Comments on Section 232 National Security Investigation of Imports of Steel From Steve Charnovitz, George Washington University Law School April 26, 2017 DOC Billing Code 3510-33-P The idea that imports of goods, services, or capital could undermine national security is farfetched. Imports serve to supplement domestic capacity and therefore provide

Iran: Sanctions and Sequencing, Diplomacy and Distrust

Iran's Supreme Leader Khamenei has expressed the view today that all sanctions must be limited simultaneously with the signing or conclusion of a final agreement This seems in tension certainly with the US fact sheet on the parameters arrived at in Lausanne, as well as possibly with Iran&