New Article by the Leveretts in the Huffington PostPosted: April 30, 2013
Friends of ACL Flynt & Hillary Leverett have written an excellent new article in the Huffington Post here. I agree with everything they have written here (with only one small reservation below) and I think they explain the issues of legal interpretation in a very accessible, and correct, way.
The only point on which I’d like to do some more thinking myself is the WTO point they make. Theyre obviously referring to GATT Article XXI here, and I’m not saying theyre wrong. I’d just like to think about it a bit more before going on record in agreement. I wrote about GATT Article XXI at some length in Chapter 3 of my 2009 book, and I’m planning to address it in a new book I’m planning to begin writing on soon. Much of Article XXI is quite intentionally broadly and subjectively worded, and there is virtually no WTO case law on it, and so determining that a national security related action does not fall within it can be difficult. Certainly not impossible, though, as I argued in my book regarding dual use export controls.
But certainly all of their points regarding the NPT I agree with fully. Do have a look at Flynt & Hillary’s new article.