42 N.C. J. Int'l L. 307 (2016-2017)
The Bonds of Peace: A Defense of the National Security Perspective on Trade

handle is hein.journals/ncjint42 and id is 323 raw text is: 






     The  Bonds   of Peace:   A Defense   of the National
               Security  Perspective   on  Trade

               Benjamin A. Fieldt & Kian J. Hudsonft


I.    Introduction: Whither U.S. Trade Policy?.................308
II.   The National Security Perspective on Trade Policy.. 311
      A.  Conceptualizing the Geostrategic Consequences  of
          Trade Policy      ....................    .....312
      B.  Historical Examples of the National Security
          Perspective      .....................    .....316
          1. Introduction    ....................... 316
          2. The  Zoliverein.....................317
          3. The  Anti-Corn Law  League...........................319
          4. The  European Community   .............................321
      C.  The Post-Cold  War Failure to Adopt the National
          Security Perspective: NAFTA  as a Case Study.. 323
          1. NAFTA's Original   Relationship to National
             Security ..........................................................324
          2. Vindication of NAFTA's   Security Impacts... 326
          3. Lessons from  NAFTA   ...................................330
      D.  Applying  the National Security Perspective to
          Contemporary  Issues: The Trans-Pacific
          Partnership as a Case Study.........      .....330
III.  The Proper Allocation of Trade Policy Authority
      Between  the President and Congress ................335
      A.  The History of Presidential Trade Authority ......337
          1. The Framers'  View of the President's Foreign
             Policy Power........................................337
          2. U.S. Trade Policy in the 20th Century............341
          3. The Last Incarnation of TPA: The Bipartisan
             Trade Promotion  Authority Act of 2002 .......344
             a.  BTPAA's   Rules for TPA ................345


t Benjamin A. Field is an associate at Sullivan & Cromwell LLP. He holds a J.D. from
Yale Law School and clerked for the Hon. Kent A. Jordan of the United States Court of
Appeals for the Third Circuit.
ft Kian J. Hudson is an associate at Gibson, Dunn & Crutcher LLP. He holds a J.D. from
Yale Law School and clerked for the Hon. Diane S. Sykes of the United States Court of
Appeals for the Seventh Circuit. The authors would like to thank Professor Paul Gewirtz
for his guidance and invaluable comments in the preparation of this Article.

What Is HeinOnline?

HeinOnline is a subscription-based resource containing nearly 2,700 academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline with pricing starting as low as $29.95

Access to this content requires a subscription. Please visit the following page to request a quote or trial:

Already a HeinOnline Subscriber?