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This chapter analyses security exceptions in international trade law, focusing on their interpretation and application within the World Trade Organization (WTO) and preferential trade agreements (PTAs). It examines the evolving nature of national security concerns, particularly in cybersecurity, and how these concerns intersect with trade regulations. The chapter discusses the justiciability of security exceptions, the level of deference accorded to states in defining their security interests, and the challenges posed by the expansion of security concerns beyond traditional military domains. It also evaluates the adequacy of existing WTO and PTA frameworks in addressing contemporary security issues, suggesting that further innovations may be necessary to balance trade liberalisation with national security imperatives in the digital age.
This chapter examines the relationship between geopolitical rivalry and world trade law. It begins by discussing the consequences of trade for national power and security, and how dominant states approach foreign economic policy. It then analyses recent geopolitical developments and their implications for the evolution of the international economic order. It concludes by discussing the implications of the analysis for world trade law and policy in the future.
This chapter examines China’s evolving governance of international marriages through the lens of sovereign concerns, focusing on border stability, population management and national security. It explores how material and affective processes inform the regulations and representations of marriage migration to China. The discussion shows how the Chinese state continually revises its administrative and legal framework for international marriage, and also highlights the historical, racialised and gendered forces embedded in this process. The argument contends that the regulatory framework of marriage migration is shaped by shifting ‘structures of feeling’ that define belonging in Chinese society. These intersecting spheres of state affective and regulatory practices reveal new power dynamics and inequalities in China’s relations with the outside world.
This Chapter conceptualizes security exceptions under international trade and investment agreements. In particular, it seeks to construct the chain that links trade and security-related issues arising from the application of security measures by clarifying the concept of national security to be used for the book, revisiting the current role of international organizations in balancing free trade and national security, ie the UN and the WTO, and finally contemplating the decision to incorporate security exceptions into international economic agreements or the decision to adopt security measures through the lenses of economic contract theory, the theories of international relations, such as realism, institutionalism, and constructivism, and the concept of securitization.
This chapter provides an overview of the economics of terrorism and social media. Recent advances in the economics of information and economics and psychology help summarize the literature on how terrorism and social media interact. I discuss the implications of the transition from mass media to social media for terrorism in general before describing the impact of social media on the industrial organization of terrorism in particular. I also summarize recent work on the impact of terrorism on social media as well as the economics and psychology of national security have provided some solutions. Overall, social media has been an important part of the industrial organization of terrorism as well as its undoing where progress has been made. What we do not know (but ought to know) include topics such as how social media strengthens or weakens anti-terrorism initiatives given newer developments such as encryption and whether or not terrorist cyber-attacks may increase in importance over time as social media grows in scale.
The deployment of 5G has raised diverse national security concerns, leading to policies restricting Chinese companies’ participation in this critical infrastructure. This chapter examines these policies against the background of international investment law, focusing on restrictions against Chinese companies Huawei and ZTE. It evaluates the compatibility of these measures with international investment agreements and explores potential violations of national treatment, most-favored-nation treatment, fair and equitable treatment, and full protection and security standards. The chapter also discusses the justification of these policies under national security exceptions, concluding that international investment law may not be fully equipped to address the evolving geo-economic landscape.
This chapter investigates the role of science and technology as a function of the history of the World War II effort to transform national security resource and acquisition under Vannevar Bush at MIT, its effects upon American society as President Eisenhower warned the nation in 1961, and the later forces of globalization, the knowledge economy and accelerating emerging and disruptive science and technology as applied to war and terror today. Important is our understanding of our application of a specific logic to war and terror after 9/11; forward deployment of American military power overseas and homeland security (defense of the homeland) for the purpose of understanding the rapid evolution of technological capability in achieving outcomes. Furthermore, we will look more specifically at emerging science and technology as a particular area of technological innovation that stems from research and development phenomena that is tasked to provide outsize national security, specifically counterterrorism deliverables for the United States.
National security concerns have long shaped international relations, with economic interdependence traditionally seen as fostering stability. However, recent geopolitical shifts have challenged this assumption. The strategic rivalry, particularly between the US and China, has raised the stakes of international competition and new forms of economic warfare. Historically committed to multilateralism, the EU faces pressures to reassess its approach due to an increasing use of economic coercion by other states. Emerging powers, particularly BRICS, are also redefining their roles in the global order, employing economic tools to counter Western hegemony. As unilateralism rises and the effectiveness of multilateral institutions like the WTO is questioned, a “new geo-economic order” appears to be emerging. This Chapter creates the basis for the normative and evaluative questions of this book by exploring how major economic players navigate national security concerns in an increasingly fragmented trade landscape.
This book offers a timely and insightful exploration of security exceptions in international trade and investment law, focusing on the growing tension between national security measures and global economic stability. Through in-depth analysis and case studies of major global players, it uncovers how current practices are shaping international trade governance. The book examines the challenges posed by overly broad or narrow security exceptions, proposes practical reforms to improve legal clarity, and suggests ways to enhance cooperation between international organizations like the WTO and the UN. Aimed at policymakers, legal professionals, and scholars, this book provides valuable recommendations to help navigate the evolving landscape of global trade, offering concrete solutions to balance national security concerns with the need for economic cooperation.
Chapter 6 is devoted to the topic of Variable Interest Entity (VIE), which is widely used for overseas listings of Chinese companies. The legality of VIE has long been a subject of intense debate in China due to its alleged circumvention of China’s foreign investment law: The VIE structure allows foreign investors to participate in overseas-listed Chinese companies through contractual control rather than a shareholding relationship, thus bypassing relevant restrictions on foreign investment in China. This chapter argues that China adopts a policy of strategic ambiguity about the legality of the VIE structure, so as to balance the need to protect national security and the need to facilitate overseas listing of Chinese companies. There are institutional reasons behind this policy, including interest group politics of regulatory agencies and the rent-seeking activities of regulatory officials. The policy of strategic ambiguity will likely continue in the foreseeable future, and so will the uncertainty over the legality of the VIE structure.
This article investigates the profound impact of artificial intelligence (AI) and big data on political and military deliberations concerning the decision to wage war. By conceptualising AI as part of a broader, interconnected technology ecosystem – encompassing data, connectivity, energy, compute capacity and workforce – the article introduces the notion of “architectures of AI” to describe the underlying infrastructure shaping contemporary security and sovereignty. It demonstrates how these architectures concentrate power within a select number of technology companies, which increasingly function as national security actors capable of influencing state decisions on the resort to force. The article identifies three critical factors that collectively alter the calculus of war: (i) the concentration of power across the architectures of AI, (ii) the diffusion of national security decision making, and (iii) the role of AI in shaping public opinion. It argues that, as technology companies amass unprecedented control over digital infrastructure and information flows, most nation states – particularly smaller or less technologically advanced ones – experience diminished autonomy in decisions to use force. The article specifically examines how technology companies can coerce, influence or incentivise the resort-to-force decision making of smaller states, thereby challenging traditional notions of state sovereignty and international security.
The influence of the People’s Republic of China (PRC) on the law and legal order of the Hong Kong Special Administrative Region might seem not to be a case of inter-Asian law because it occurs within a single jurisdiction. Yet, Beijing has employed a wide range of means to shape Hong Kong’s legal order, ranging from making or interpreting PRC law for Hong Kong, to mandating or pressing for local lawmaking in Hong Kong, to more diffuse influences on Hong Kong’s legal order and its context. Chinese influence has made Hong Kong law less liberal and democratic and more like the PRC’s. The China–Hong Kong case shows the spectrum of modes of inter-Asian legal influence, the complexity of the relationship between transplants or exports of legal models and legal influence, and the issues that lie ahead in an era of possible competition between China and the United States/the West for legal influence.
This chapter explores how technocratic elites in the five NATO host nations respond to the multiple pressures surrounding nuclear sharing. Based on original interview data, it analyses how these elites perceive the purpose of hosting nuclear weapons, assess the legitimacy of various domestic and international audiences, and navigate interactions with diverse stakeholders. The chapter also examines national strategic documents and official government communications directed at the public, parliament, and civil society regarding nuclear sharing. Additionally, it investigates how elites articulate and defend nuclear sharing in international settings, particularly in the context of an increasingly adversarial global environment.
In 2024, the U.S. Government introduced, and then quickly rescinded, a new policy to oversee Dual Use Research of Concern (DURC) and Pathogens with Enhanced Pandemic Potential (PEPP). This research explores how biosafety practitioners interpreted and assessed the policy itself and discussed challenges to implementation. An inductive, grounded theory approach was used to identify key insights from qualitative data generated at a 2-day deliberative workshop with 45 biosafety officers, compliance professionals and researchers; analysis was supported using NVivo software. Participants described the policy’s ambiguous language, lack of actionable federal guidance, limited legal scope and unfunded administrative burdens as significant barriers to implementation. Although supportive of the policy’s goals, workshop participants stressed the need for more precise definitions, practical examples and practitioner-informed implementation strategies. The findings demonstrate that durable and effective biosafety and biosecurity oversight requires early, substantive engagement with those operationalizing policy.
A growing literature examines why and under what conditions citizens are willing to fight for their country, yet it often overlooks societal heterogeneity. In multiethnic states, ethnic minorities may hold fundamentally different views about defending a majority-dominated nation-state. We argue that in divided societies, citizens’ willingness to fight is deeply shaped by cultural identity and historical narratives, which influence threat perceptions and, ultimately, readiness to fight. We test our argument in the crucial case of Latvia, a country with a sizable Russian-speaking minority and heightened security concerns about neighbouring Russia. Using three waves of original survey data (2022–2024) and logistic regression models, we find evidence of a ‘minority effect’: On average, Russian speakers are less willing to fight for Latvia than ethnic Latvians. A mediation analysis shows that this disparity is substantially driven by divergent historical memories. Russian speakers display greater Soviet nostalgia and are less likely to perceive Russia as responsible for the war in Ukraine, which in turn reduces their willingness to fight. Our findings have important implications for defence planning and resilience in multiethnic states facing external threats.
The national security paradigm is a comprehensive framework or methodology that relates variables to one another and allows for diverse interpretations of American foreign policy in particular periods and contexts. National security policy encompasses the decisions and actions deemed imperative to protect domestic core values from external threats. This definition underscores the relationship of the international environment to the internal situation in the United States and accentuates the importance of people’s ideas and perceptions in constructing the nature of external dangers as well as the meaning of national identity, American ideals, and vital interests. This chapter outlines the key tasks to employ a national security methodology, beginning with identifying the key decision-makers, for example by reading memoirs, diaries, biographies, and oral histories. It then discusses the sources to use to appraise how these decision-makers assessed the intentions and capabilities of prospective foes, as well as perceptions of their own country’s strength and cohesion, the lessons of the past, the impact of technological innovations, and the structural patterns of the international system. The chapter emphasizes the importance of using empathy, understanding the core values of the past, and defining the meaning of power.
This chapter embarks on a rigorous examination of the evolving social contracts within the Gulf states delineating their foundational role in facilitating the region’s pursuit of decarbonization, climate change adaptation, and socioeconomic diversification. The analysis delves into the intricate web of socioeconomic, political, national security, and sociocultural transformations inextricably linked to the ongoing economic restructuring within the region and assesses how these countries navigate this multifaceted transition amid a complex interplay of domestic and global pressures.
Developments in military AI highlight that maintaining state control over military innovation that is driven by private corporate experts is challenging. Even the leading military AI power, the United States, has struggled to meet this challenge, while trying different modes of control over time. What explains these struggles and the shifting modes of state control over private military innovation? Bringing together the ‘competence–control theory’ of indirect governance and research on technology-driven transformations in the making of national security, we propose a novel theory of state control over military innovation. We argue that states face a trade-off between (fostering) the competence of private corporate experts and (enhancing) state control over military innovation. This trade-off is shaped by technological change and geopolitical competition. Depending on the relative strength of these drivers, varying prioritisations of competence or control lead to different hierarchical or non-hierarchical, capacities- or rules-based modes of control. Tracing the evolution of the US national security state and its relations to private corporate experts in the subfield of autonomous weapons systems, we demonstrate that our theoretical argument explains otherwise puzzling intertemporal variation in control modes. Our findings have important policy implications for the institutional design of military innovation.
A brief Coda considers the relevance of the concerns traced in this book to the status of the humanities in our current moment. The Coda in particular examines one effort to justify continued funding of the humanities through appeal to their importance for national security and economic prosperity. Such a defense of the humanities and other non-STEM/nonprofessional academic disciplines speaks to the triumph and ongoing relevance of the correlation of wealth and security most of the authors addressed in this study sought to resist. By the same token, the coda argues that the works and authors studied here offer other ways of imagining the link between security and the study of literature, modes of intellectual engagement and community that contribute to the project of rendering security and the terms of collective thriving as live questions, vital for the project of imagining better collective futures.
Chapter 4 explores how fiscal policy and questions of national security play on stage. Fiscal concerns pervade Shakespeare’s history plays. All of his sovereigns wrestle with the need to fund security in the face of ongoing domestic and international threats, and all of them have to confront ongoing fiscal discontent. This chapter shows how security dilemmas are at the heart of controversies that drive English history as Shakespeare understands it. Rulers’ ongoing efforts to cover the expenses associated with implementing security coupled with subjects’ resentment at having to pay for their sovereign’s decisions opens up the terms of security and collective wellbeing for collective scrutiny. By depicting a multiplicity of voices and perspectives on collective existence, Shakespeare foregrounds fiscal controversies and the alternative visions of security and collective life such controversies prompt. These plays immerse theatergoers in an underdetermined world defined by antagonism, conflict, geopolitical struggle, and political inventiveness.