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-- Given yesterday’s announcements on the new aluminum tariffs and acting against TikTok through IEEPA, now is the time for this belated note of thanks to @StanLRev for getting these offprints to me despite my being away from @MiamiLawSchool in the pandemic a few weeks ago! /1
This article takes up those issues and more, explaining why and how the president is able to take these actions. Spoiler alert: they are baked into the structure of U.S. trade law and have been for many years. Congress developed two parallel sets of delegations – one with /2
very few disciplines & the other with considerable constraint. I make some recs to Congress for changing the present landscape but more recently the Hill -- @ChuckGrassley @SenFinance -- has indicated it will not move on this, putting more pressure on the Court of Int'l Trade /3
to take up some of what can be adjudicated (not much). What’s interesting about the announcement on the Canadian tariffs is its relationship with a #tradeexecutiveagreement (in the form of a “joint statement”) and whether that has any force in U.S. law. For more on that, /4
Twitter friends, standby for a separate article coming soon to a Tweet near you. For now, this first article in the series surveys our trade security exceptionalism – everything from each of the three digit sagas (201 to 232 to 301) to IEEPA to start a conversation about /5
our trade law system ( https://vanderbiltlawreview.org/lawreview/2020/06/our-trade-law-system/). But a lot of work remains.
This work would not have been possible without the support of so many of you. Among the long list of those to whom thanks are due: @harlangcohen @mjdurkee @Tim_L_Meyer @apublicgood @PierreHVerdier /6
This work would not have been possible without the support of so many of you. Among the long list of those to whom thanks are due: @harlangcohen @mjdurkee @Tim_L_Meyer @apublicgood @PierreHVerdier /6
@wburkewh @ElenaChachko @CarolineMCorbin @MonicaHakimi @bechamilton @becingber @jbentonheath @DuncanHollis @snlester @MarkPollackIR @AntheaERoberts @gregorycshaffer @WuerthIngrid @ZaringDavid @manfredelsig @inumanak @loyaladvisor @S_R_Anders + @lawfareblog (for letting me /7
preview some of this work in small pieces!) and many many others who aren't on or can't be easily found on Twitter. Thx also to the many of you who have continued the conversation in other fora, like @TheAALS @FordhamLawNYC @LoyolaLaw @UMichLaw @law_soc @CatoTrade & beyond. /8
The piece builds on important work by @D_A_Irwin @ChadBown @SoumayaKeynes and critical reporting by @insidetrade @politico @Law360. For more on related exceptions, I’m looking fwd to checking out the new volume @Lorand_Bartels & @federica_paddeu ( https://global.oup.com/academic/product/exceptions-in-international-law-9780198789321#.Xu0EdNtA82E.twitter). /9
Also related - check out (and send your comments) forthcoming @AJIL_Unbound: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3656796 with tx to @AratoJulian for posting. Returning to where I started – I want to again thank the incredible team at @stanlrev for terrific editorial assistance and thoughtful /10
Improvements to the piece. I appreciated so much the work of the journal staff. Final version here: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3439705. It was a special treat to have this piece appear next to a great piece by a friend! Don't miss Craig Konnoth's latest -- https://www.stanfordlawreview.org/print/article/medicalization-and-the-new-civil-rights/. /11
Thx again all.
Onward w/our consideration of trade's security exceptionalism & its many continuing manifestations. See, e.g., #TradeTwitter on the tariffs, #CFIUS v. #IEEPA on TikTok, vanadium, still waiting on autos 232, a couple dozen cases at CIT …. & so much more. /end
Onward w/our consideration of trade's security exceptionalism & its many continuing manifestations. See, e.g., #TradeTwitter on the tariffs, #CFIUS v. #IEEPA on TikTok, vanadium, still waiting on autos 232, a couple dozen cases at CIT …. & so much more. /end
