Abstract

Abstract The historical narrative of the national security exception in trade and investment has long been understood from the perspective of measures to defend the nation from military attack or territorial invasion. The cornerstone of the existing global governance model encourages non-discriminatory trade and vigorous cross-border investment, thus the security exception in international economic agreements was envisioned as a “last-resort” allowing a nation to override international economic obligations only if necessary and invoked in good-faith to protect essential security. However, in a world of emergent technology, with potentially devastating future effects, theorizing national security is more difficult and complex. Moreover, the two primary global powers are locked in a hegemonic struggle. The United States has in recent years aggressively resorted to national security to justify investment and trade policies against China. The foundational basis for doing so is a new conceptualization of national security constituting a fusion of interests encompassing the ideological, technological and economic. This re-conceptualization radically re-defines the understanding of national security. Taken to its logical conclusion, the new conceptualization of security risks an unfettered broadening of the exception, driving a transformative re-alignment in the global international economic architecture.

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