69 Am. U. L. Rev. 629 (2019).

* Articles Editor, American University Law Review, Volume 69; J.D. Candidate, May 2020, American University Washington College of Law; M.A., International Relations, 2017, University of Florida; B.A., Political Science, 2014, University of Florida. I would like to thank Professor Padideh Ala’i and Professor Aluisio de Lima-Campos for fostering my interest in international trade and guiding me through the publication process. I am eternally grateful for my Note & Comment Editor, Hannah Stambaugh, for her words of encouragement, quick wit, and active red pen, and to the entire Law Review staff for their diligent work. Finally, a special thank you to my family and friends-without whom this would all be meaningless.

In 2018, the United States imposed tariffs on the importation of steel and aluminum in the name of economic security. The Trump administration alleged that the influx of low-cost foreign steel and aluminum hurt domestic steel and aluminum manufacturers economically to the point that they were decreasing production. In turn, the administration argued that a decrease in steel and aluminum production would lead to national security threats, especially if the United States could no longer produce the steel and aluminum necessary for military consumption. In response, eight fellow member states of the World Trade Organization initiated dispute settlement proceedings against the United States. The members alleged that the steel and aluminum tariffs exceeded the United States’ tariff bindings and that the United States could not invoke the security exception in GATT Article XXI because economic security is not an “essential security interest.”

This Comment argues that the United States’ proposition that economic security is national security has stretched the meaning of “essential security interest” past its breaking point, and, in doing so, has violated its obligations under the GATT. Specifically, an analysis of the term “essential security interest” under both Article 31 and 32 of the VCLT clearly shows that the drafters of the GATT did not intend for the security exception to encompass economic security. Accordingly, by implementing tariffs only to protect its economic security, the United States has breached its treaty obligations under the GATT and a dispute resolution panel will ensure they face economic repercussions.