In December 2022, the WTO finally issued its dispute settlement ruling on President Donald Trump’s national security tariffs impacting imports of steel and aluminum. Jennifer Hillman [Georgetown University Law Center] and Mona Paulsen [LSE Law School] join to explain why the result was so problematic. Part I (02:10) introduces the 2018 tariffs and trading partner response, which included retaliation against US exports. Part II (14:35) describes the WTO dispute, the US legal defense, and the panel’s ruling. Part III (28:40) puts the importance of the national security dispute into historical perspective. Part IV (36:16) describes a potential alternative approach, “non-violation claims,” to avoid dealing with such sensitive national security disputes. Part V (43:44) concludes with lessons learned (54:37 total).
- Mona Paulsen. 2023. “If I were an Appellate Body. Post 1.” International Economic Law and Policy Blog, January 6.
- Mona Paulsen. 2022. “Let’s Agree to Disagree: A Strategy for Trade-Security.” Journal of International Economic Law 25 (4): 527–547.
- Mona Paulsen and Pramila Crivelli. 2021. “Separating the Political from the Economic: The Russia-Traffic in Transit Panel Report.” World Trade Review 20 (4): 582-605.
- Mona Paulsen. 2020. “Trade Multilateralism and U.S. National Security: The Making of the GATT Security Exception.” Michigan Journal of International Law 41 (1): 109-193.
- Chad P. Bown. 2021. “To Build Back Better, Biden Needs to Fix Trade. Trump Has Left a Ticking Time Bomb at the WTO.” Foreign Affairs, January 21.
- Chad P. Bown and Soumaya Keynes. 2019. “National Security and Trade – The Fear of Imitation.” Trade Talks Episode 81, April 18.
- Chad P. Bown and Soumaya Keynes. 2018. “The Trump Administration Views Trade as National Security Threat.” Trade Talks Episode 24, February 21.
- Robert W. Staiger and Alan O. Sykes. 2013. “Non-Violations.” Journal of International Economic Law 16 (4): 741-775.