CWR > Volume 5(1); 2019 > Prof. Malawer's US-China Trade Commentary
Research Paper
Published online: March 1, 2019

Pending Section 232 Litigation and Broader Trade Trends: Will the US Courts Restrict Presidential Authority from Relying upon "National Security"?

Stuart S. Malawer
Law and International Trade at George Mason University's Schar School of Policy and Government
3351 Fairfax Dr., MS 3B1, Arlington, Virginia 22201 USA
Corresponding Author:

ⓒ Copyright YIJUN Institute of International Law. 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.


The investment-related initiatives have been included in the FOCAC since its beginning. The investment promotion initiative is consistent, mutually sustainable, and goal-clear; the investment protection initiative relies on the protection from domestic and international law; the investment facilitation initiative becomes more important; the investment dispute resolution initiative proposes a creative new choice. Due to investment-related initiatives, the FDI between China and Africa is growing, the bilateral investment treaties are in progress, the investment facilitation situation is improved, and a new dispute resolution institution appears. The investment-related initiatives of FOCAC achieves great success to date.

Keywords : Section 232, National Security, AIIS v. the United States, US Court of International Trade, Huawei, Extraterritoriality, Commercial Espionage

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