Pending Section 232 Litigation and Broader Trade Trends: Will the US Courts Restrict Presidential Authority from Relying upon “National Security”?
(주)코리아스칼라
- 최초 등록일
- 2023.04.03
- 최종 저작일
- 2019.03
- 12페이지/ 어도비 PDF
- 가격 4,300원
* 본 문서는 배포용으로 복사 및 편집이 불가합니다.
서지정보
ㆍ발행기관 : 이준국제법연구원
ㆍ수록지정보 : China and WTO Review / 5권 / 1호
ㆍ저자명 : Stuart S. Malawer
목차
1. Introduction
2. Broader Legal Trends and Trade Policies
3. Pending Action in the US Court of International Trade
4. Conclusion
References
영어 초록
This article discusses American Institute for International Steel v. the United States, which is pending in the little-known United States Court of International Trade in New York. It involves an attempt to declare that the US legislation delegating authority to the president to impose trade restrictions is an unconstitutional delegation of legislative authority. A loss would legally curtail the president’s discretionary power to use national security as a reason to impose punitive measures against trading partners. The article identifies legal trends, where this case fits into the trade policy debates, and why it is so important. The article concludes that domestic US litigation in 2019 may well have a tremendous impact on US law and the global trading system. Many in the domestic and international trading communities (as well as those in the foreign policy and national security communities) are waiting for the results of this little-known steel litigation.
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