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Legal Review on TPEA Section 232

This review examines the main elements of the TPEA Section 232, reactions of major economies, WTO consistency, national security exceptions, and assessment and implications of protective measures. It also discusses the consistency with the GATT rules and security exceptions.

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Legal Review on TPEA Section 232

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  1. Legal Review on TPEA Section 232 20 September 2019 (Fri) HongikUniversity Professor.JUNHAKANG No citation without author’s permission

  2. Contents • Spread of protectionism • Main elements of the TPEA section 232 • Reactions of major economies • Review on WTO consistency • National security exceptions • Assessment and implications

  3. Protective measures by Trump Administration • Safeguards on Large Residential Washers and Solar Panels • Section 232 Investigation on steel products • AFA(Adverse Facts Available)/PMS(Particular Market Situation)

  4. Consistency with the SG Rules • Claims by China • The US measures  safeguards • Inconsistent with the SG agreement • Serious injury / causation • Irrespective of its source • Most suitable measures • Duration not exceeding four yrs • Procedural Issues (Notification of relevant information / opportunity for consultation)

  5. Consistency with the GATT rules • MFN(Art.I) • Tariff Concessions (Art.II1(a)(b)) • Transparencty(Art.X) • Emergency Action on Imports of Particular Products (Art.XIX)

  6. Security Exceptions (1) Article XXI (Security Exceptions) Nothing in this Agreement shall be construed (a)  to require any contracting party to furnish any information the disclosure of which it considers contrary to its essential security interests; or

  7. Security Exceptions (2) (b)  to prevent any contracting party from taking any action which it considers necessary for the protection of its essential security interests (i)   relating to fissionable materials or the materials from which they are derived; (ii)  relating to the traffic in arms, ammunition and implements of war and to such traffic in other goods and materials as is carried on directly or indirectly for the purpose of supplying a military establishment; (iii)   taken in time of war or other emergency in international relations;

  8. Security Exceptions (3) (c)  to prevent any contracting party from taking any action in pursuance of its obligations under the United Nations Charter for the maintenance of international peace and security.

  9. Thank You!

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