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129 Yale L. J. 1020 (2019-2020)
The New National Security Challenge to the Economic Order

handle is hein.journals/ylr129 and id is 1048 raw text is: J. BENTON HEATHI The New National Security Challenge to the Economic Order A B ST R ACT. National security policies increasingly threaten the rules that govern trade and in- vestment flows. This problem is deeper and far mnore intractable than recent high-profile coritro- versies, such as disputes over the Trump Administration's stee! and aluminum tariffs, suggest. Governments worldwide have adopted national security policies that address an increasingly wide artay of risks and vulnerablities, including climate change; p cndemic disease: cybercrime; tenror- ism: and threats to infrastructure. industry, and the media. These policies are also increasingly likely to conflict with trade id investment rules. In other vords, while today's high-profile con- tr oversies center on alleged abuses of national security in economic law, t is the potential for goad faith hut nwci national security clims that poses a more significant and permanent threat to the system. This Article is the first to map rhe new national security challenge amd consider its implica- tions for reforming rhe economic order. It demonstrates that rhe twenty-rst-century expansion of national security policy undermines existing models for separating security mesures from or- dinarv economic regulation. What is needed, it argues, is a nex model for reintegra ing the eco- nomic order with the national security state. To that end, this Article identifies reforms that allow for some oversight of increasingly novel national security claims while preserving flexihility for governments to redefine their security policies in response to tventy-first-century threats. AUTHOR. Acting Assistant Professor of Lawyering, New York University School of Law. Many thanks to Josd E. Alvarez, Aiherto Alvare-Jimener, Julian Arato, Simon Batifort, liya Beylin, Pam- ela Bookman, Elena Chachko, Kathleen Claussen, Harlan Cohen, Melissa Durkee, Robin Eiron, Seth Endo, Geofrey Gert/, Carla Greenberg. Mohaimed Heial, Esther Hong, Robert Howse, Re- becca Ingher. Maryam Jamshidi, TaI Kastner, Benedict Kingshury, Steven Koh, Nicolas Lamp, Si- mon Lester. Will Moon. Straros Pahis, Mona Pinchis-Paulsen, Sergio Puig, Danya Reda, Anthea Roberrs, Shalev Roisman, Aaron Simowirz. Thomas Streinz. Emily Winston, Alyson Zureick, and participants in conferences and workshops at McGill University, Brooklyn Law School. the CaM Institute, and New York University School of Law. Thanks also to Rachel Brown, Josh Zoffer, and the staff of the Yle Law ournal for careful. skilled, and conscientious editing. 1020

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