Semiconductor War Between U.S. And China: Analyzing Whether The Targeted Export Controls Fall Under The National Security Exceptions
Mudit Verma, O.P. Jindal Global University
ABSTRACT
On October 7, The U.S. Department of Commerce’s Bureau of Industry and Security announced an extensive set of regulations that restricted the chips made in America from being exported to China. The wide-reaching export controls by the U.S. has kneecapped China’s semiconductor industry. In response to U.S. export controls on semiconductor chips, China has filed a complaint with WTO alleging that the U.S. government is abusing export controls to maintain its leadership in the science, technology, engineering, and manufacturing sector. However, the U.S. argues that the targeted actions relate to the national security; hence, the actions are permissible under Article XXI of the GATT. In this paper, I will be analyzing whether the trade restrictions imposed by the U.S. are protected under the national security exception or whether the U.S. is over-generalizing the concept of national security so they can halt the development of the Chinese chip industry by analyzing WTO precedents.
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