The general and security exceptions

This chapter concerns the general exceptions to GATT obligations for certain measures promoting domestic regulatory objectives as well as the national security exception. The primary focus is on a handful of exceptions that have generated particularly controversial jurisprudence, and the common critique that the interpretation of these exceptions sometimes elevates trade and commercial values above more important concerns such as the protection of human health or the environment. The discussion includes a thorough treatment of the “extraterritoriality” controversy regarding the permissibility of applying national regulation to conduct abroad, particularly in cases involving production processes and methods. It concludes with an analysis of recent controversies involving the national security exception, including controversy over steel and aluminum tariffs imposed by the Trump administration on grounds of national security.