Biden -- National Security, Law and Global Trade: Less Subterfuge and More Strategy in the Era of Crisis.

16 Pages Posted: 26 Jan 2021 Last revised: 1 Feb 2021

See all articles by Stuart Malawer

Stuart Malawer

George Mason University (Schar School of Policy & Government)

Date Written: January 20, 2021

Abstract

The primacy purpose of this article is to discuss national security and trade policy of the new Biden administration. First, I will look at the historic and dubious claims of the Trump administration in utilizing national security as a cover for protectionist trade actions, as well as at the federal court cases addressing these claims. I will then assess the cases that have come before the WTO over the last two years, raising for first time the issue of the national security exception under GATT Article XXI. Finally, I conclude that President Biden’s overwhelming priority is to resurrect American democracy and alliances. But he will also need to address a broad range of trade issues and to restrict reliance on national security as a cover for populist and protectionist policies.

Keywords: Biden's Trade Policy, Global Trade, National Security and Trade, Trade Cases and Trade, National Security, WTO and National Security

JEL Classification: F, K, Z28

Suggested Citation

Malawer, Stuart, Biden -- National Security, Law and Global Trade: Less Subterfuge and More Strategy in the Era of Crisis. (January 20, 2021). Available at SSRN: https://ssrn.com/abstract=3771422 or http://dx.doi.org/10.2139/ssrn.3771422

Stuart Malawer (Contact Author)

George Mason University (Schar School of Policy & Government) ( email )

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