International Economic Law and Policy Blog

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Trade and Security

21 posts

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

Section 232, the Scope of National Security, and Projecting U.S. Military Power

In response to legal and political pressure from Congress, the Commerce Department finally released its February 2019 Section 232 investigation report in the autos/auto parts cases. The report is here; the appendices are here. The main recommendation was as follows: The Secretary recommends the following actions the President could

The Possibility of a U.S.-EU Resolution on the Section 232 Steel and Aluminum Tariffs

In an article from last week, Politico Pro had some interesting quotes from U.S. Trade Representative Katherine Tai on the issue of the Section 232 steel and aluminum tariffs. I wish I had the full transcript on this, but I don't, so I'll have to

The Biden Administration's Possible Use of Section 232

When the Biden administration took office, many of us hoped they would undo the domestic policy and international relations damage caused by the Trump administration's use of Section 232 and Section 301 to impose tariffs. In at least some cases, there were real underlying problems of various sorts

The historical references in the U.S. First Submission in United States-Certain Measures on Steel and Aluminum Products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

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

Senator Charles Schumer: Incoherence and Confusion on Iran

New York Senator Charles Schumer has taken a stance against the Iran deal. https://medium.com/@SenSchumer/my-position-on-the-iran-deal-e976b2f13478 Predictable some will say; disappointing, others will moan. But Schumer's statement defending his position is a must-read. Schumer says that his overall judgment is that, in relation to the key

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&

Can WTO Membership Be Used as a Bargaining Chip?

Perhaps not very effectively, if the country says they don't want it: Prime Minister Vladimir Putin said on Monday that Russia saw no advantages from WTO membership and should freeze some commitments made during entry talks to the trade body, Interfax news agency reported. "We propose continuing

Russia, Georgia and WTO Accession

From Reuters: A top Bush administration official on Tuesday played down any connection between Russia's military action in Georgia and Moscow's long-term bid to join the World Trade Organization. "We've worked with Russia in terms of the WTO accession and they still have