國際經濟法與國家安全

The laws governing global investment and trade ("international economic law") are largely controlled by agreements between nations (e.g., BITs, WTO rules). These international investment and trade agreements set forth the conditions which govern the relationship and contain exceptions which allow nations to "override" the states' contractual obligations. Among the most significant exception is the "national security" or "essential security" exception which permits sovereigns to take measures ostensibly violating the contract but justifiable based on the need to defend security. Of course, the key question is whether the state acted legitimately and not for impermissible reasons such as protectionism simply using security as a justification. In recent years, an increasing array of measures have been enacted globally including tariffs, inbound/outbound screening, and export controls based on alleged national security threats. The proximate cause is attributable to the China-U.S. hegemonic rivalry, and can also be linked to increasing economic nationalism, concern over resilience, and endeavors to re-industrialize economies. The issue will take on increasing significance as targets of governmental measures are increasingly filing claims in international tribunals alleging violations of agreements or WTO rules (and filing claims in domestic courts as well although we will focus mostly on the international investment and trade context until the last class). Are such measures justified by legitimate security threats or do the measures constitute prohibited protectionism? The definition, conceptualization, and contours of national security will control the answer. Students will explore the changing conceptualization of security from the more traditional armed conflict and defense of territorial integrity to a more expansive conceptualization encompassing not merely military strength but also economic, technological, and ideological power... Learning Outcomes By the end of the course, students will: have a firm understanding of the current global economic governance architecture; learn about the classic and new re-conceptualization of national security; explore separating measures into defensive and offensive deployments; discuss the perils of unfettered expansion of national security's definition; and explore emerging issues connected to the topic. Due to the space limitations of the NYCU course syllabus format, please refer to the instructor's complete Course Syllabus for detailed course descriptions, readings, assignments, and assessment requirements.

None. -------------------------- 注意事項： **為配合授課教師來臺授課期間，本課程將集中於 10 月 19 日至 10 月 26 日完成。**如因與其他課程衝堂而無法出席部分課程，將另行安排適當之補課方式（如課程錄影等），相關安排將由授課教師另行公告。 **因本校課程大綱版面限制，本課程另附授課教師提供之完整版課程大綱（Course Syllabus），**詳細課程內容、指定閱讀、作業要求及其他相關資訊，請參閱完整版課程大綱︰ https://docs.google.com/document/d/1zQeO_BdbmC4A9kNdROppbzHogev1yJVV/edit?usp=sharing&ouid=105953376658385101564&rtpof=true&sd=true English Version Notes: To accommodate the instructor's teaching schedule in Taiwan, this course will be conducted in an intensive format from October 19 to October 26. If you are unable to attend certain sessions due to schedule conflicts with other courses, alternative arrangements (e.g., recorded lectures) will be provided. Detailed arrangements will be announced by the instructor. Due to the space limitations of the NYCU course syllabus format, a complete Course Syllabus prepared by the instructor is provided separately. Please refer to the complete Course Syllabus for detailed course descriptions, required readings, assignments, and other course information. https://docs.google.com/document/d/1zQeO_BdbmC4A9kNdROppbzHogev1yJVV/edit?usp=sharing&ouid=105953376658385101564&rtpof=true&sd=true

無備註

Each class will be based on the readings as outlined in the syllabus and supplemented by any current developments. The readings will form the basis of knowledge to understand the topic for each class and consist mostly of journal articles published in peer-reviewed CSSCI, SSCI, or ESCI journals, as well as highly ranked U.S. student-edited journals. Students are encouraged to discuss, raise questions, and exchange ideas. Participation is not required (unless NYCU requires) but is welcome and helps ensure students comprehend the material, allows them to engage in exchanging and defending their views with classmates, and helps strengthen critical thinking skills crucial in representing clients (i.e., analyzing legal claims and defenses). AI Policy I have no objection to the use of AI but students are required to comply with University policies (if any). Moreover, students are required to produce their own work product; submissions produced by AI are not acceptable. Please note that LLMs often make mistakes and "hallucinate," creating imaginary content and/or simply not providing accurate answers.

Students will select either of two essays that are due 4 weeks from the last class. The essay should be 5000 words +-.

• The Post-World War Two Global Architecture and the Classic Understanding of National Security in International Economic Law

  Introduction to the post-World War Two international governance order, the international investment and trade framework, and the traditional conceptualization of the national security exception in international economic law. Discussion of the necessity principle, proportionality, and major international rulings.

  講授：

  3

• The New Conceptualization of National Security: Economic, Technological and Ideological Power

  Examination of the expansion of national security from military defense to economic, technological, and ideological power. Discussion of AI, digitalization, resilience, necessity, and proportionality in the era of emerging technologies.

  講授：

  6

• The U.S. Conceptualization of National Security, Distinguishing Between Defensive and Offensive Measures and State Capitalism

  Analysis of the evolving U.S. national security concept, defensive and offensive deployment of national security measures, economic competition, export controls, investment restrictions, and China's state-centric governance model.

  講授：

  6

• The EU and PRC Conceptualization of Security

  Comparative study of the European Union and China's approaches to economic security, technology, data governance, industrial policy, and competition law in the context of national security.

  講授：

  3

• Corporations as Security Assets and Economic Nationalism: Incorporation of State-centric Capitalism

  Examination of corporations as national security assets, frontier technologies, economic nationalism, and the relationship between corporate activities and national security policies.

  講授：

  3

• Litigating National Security Claims in International Arbitration

  Analysis of investment arbitration involving national security measures, including Huawei and other investment treaty disputes, necessity, and arbitral review.

  講授：

  3

• Litigating National Security Claims in National Courts – U.S. Constitutional Issues

  Discussion of constitutional issues arising from U.S. federal and state national security measures, including the Dormant Commerce Clause, preemption, and foreign affairs powers, followed by overall review and explanation of the essay assignment.

  講授：

  5

• The Perils of Unfettered Expansion Bereft of Guardrails and/or Offensive Deployment of Measures Versus Anticipatory Defense

  Discussion of the risks arising from an expanded national security concept, defensive versus offensive deployment, anticipatory defense, and the need for appropriate legal limitations.

  講授：

  3

There is no required textbook for this course. Required readings consist of journal articles and other materials assigned by the instructor. Detailed readings are as follows: Joel Slawotsky, The National Security Exception: Lessons from Delaware Corporate Law, Chinese Journal of Comparative Law, Vol. 6, 2018, pp. 228–235 (Read pp. 229–235 only; footnotes are not required). Joel Slawotsky, The Fusion of Ideology, Technology and Economic Power: Implications of the Emerging New United States National Security Conceptualization, Chinese Journal of International Law, 2021 (Editor's Choice). Joel Slawotsky, Evaluating National Security Measures Through The Prism of Defensive and Offensive Expansion, Asia Journal WTO and Health, forthcoming 2026 (selected pages will be provided). Joel Slawotsky, Digital Currencies and Great Power Rivalry: China as a Disseminator in the Digital Age, Asia Pacific Law Review, Vol. 30, 2022, pp. 250–263. Tsai-fang Chen, AI, Job Displacement, and the WTO: Identifying Legal Gaps and Charting a Worker-Centered Path, Yale Journal of International Law, 2025. Joel Slawotsky, Frontier Technologies, Competition Law, and National Security in the Era of Strategic Rivalry, Journal of World Trade, forthcoming 2026 (selected pages will be provided). Joel Slawotsky, Conceptualizing National Security in an Era of Great Power Rivalry: Implications for International Economic Law, East Asia, 2024 (Read pp. 14–18). Excerpts from Joel Slawotsky, Corporations as Security Assets (Routledge, forthcoming 2026). Ming Du, Huawei Strikes Back: Challenging National Security Decisions Before Investment Arbitral Tribunals, Emory International Law Review, Vol. 37, 2022 (Read pp. 41–51). Joel Slawotsky, U.S. Constitutional Dilemmas of State Measures to Defend Security, Asia Pacific Law Review, forthcoming 2026.

地點

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時間

Before class, during breaks, or after class.

聯絡方式

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