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Trade and Security

Pretextual Protectionism? The Perils of Invoking the WTO National Security Exception

On Wednesday, Axios wrote a piece outlining how President Trump’s own statements could threaten his trade policy objectives: “President Trump wants to invoke a national security provision to stop the ‘dumping’ of cheap steel into America, but trade lawyers believe Trump's public statements —and dubious legal reasoning—could expose the administration to significant legal problems.”


Senator Feinstein Intends to Introduce Drone Safety Legislation

Senator Diane Feinstein (D-CA) has announced that she plans to introduce new legislation aimed to "significantly strengthen drone safety laws to protect U.S. airline passengers and U.S. airspace." The announcement comes in a letter to FAA Administrator Michael Heurta, in which she cites evidence of more than 190 drone safety incidents in the last nine months.


Foreign Purchases of U.S. Businesses, Presidential Power, and National Security: Ralls Corp. v. CFIUS

When then-Representative Barney Frank contemplated the ability of foreign interests to acquire American companies at the expense of national security, he made the following statement:

There is no right to buy.  You do not have to file [with the Committee on Foreign Investment in the United States (CFIUS), but by not filing, you do not immunize yourself from a finding that the transaction could be canceled on security grounds.


On the Effects of the Shutdown

A veteran administration official emailed me just now in response to my piece last night on congressional Republicans and the shutdown: "Nice Piece (on the shutdown)," the official writes. "You are right about the impact it is having.  Our sanctions efforts are crippled:  Nobody home to detect violations or go after violators." Great.

Keep it up, guys.

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