- Michael Hahn, “Vital Interests and the Law of GATT: An Analysis of GATT's Security Exception”, 12 Mich J Int L 558, 579 (1991) (Hahn).
- Hahn at 579.
- See Hahn; Note, “The Politics of Procedure: An Examination of the GATT Dispute Settlement Panel and the Article XXI Defence in the Context of the US Embargo of Nicaragua”, 19 Law and Policy in International Business 603 (1987) (Politics of Procedure); David Knoll, “The Impact of Security Concerns Upon International Economic Law”, 11 Syracuse Journal of International Law and Commerce 567 (1984) (Knoll).
- Hahn at 580.
- Knoll at 587.
- Hahn at 569.
- They are usefully summarised in Michael Hahn's article in the Michigan Journal of International Law and in a Note in Law & Policy in International Business. I borrow liberally from the authors’ summaries. See notes 1 and 3.
- Hahn at 569–70.
- Summary Record of the Twelfth Session Held at the Palais des Nations, Geneve, GATT Doc 5R. 19/12 at 196 (1961).
- GATT Council, Minutes of Meeting held 18 February 1975, GATT Doc C/M/103 (18 February 1975) at 16.
- Hahn at 573.
- Politics of Procedure at 619.
- Minutes of Meeting Held in the Palais des Nations, Geneva, on 31 October 1975, GATT Doc C/M/109, at 9 (1975).
- Hahn at 578.
- Hahn at 574.
- Hahn at 575.
- Executive Order 12513 of 1 May 1985.
- See Beacon Products Corp p Reagan, 814 F 2d 1 (1 Cir 1987).
- Presidential Proclamation No 3279, 12 March 1959.
- 50 USC App 2406(d).
- Having won a bitter political fight to build the 800 mile pipeline through environmentally sensitive terrain, the government could not afford the perception that the oil was supplying foreign markets objectives.
- 42 USC 8501. The President is given power to take actions when he finds “with respect to any energy sources for which [he] determines a severe energy supply interruption exists or is imminent or that actions to restrain domestic energy demands are required in order to fulfill the obligations of the United States under the international energy programme”.
- 15 USC 717b (natural gas); 16 USC 824a(e) (export of electricity).
- See Public Papers of President Ronald Reagan 1982 at 831–32.
- 42 USC 2011.
- 42 USC 2013(c).
- 42 USC 2133.
- See eg, 42 USC 2074(b) (plutonium distribution); 2112(b) (foreign distribution of byproducts material); 2133 (commercial licences).
- 42 USC 2153; see generally, Nuclear Nonproliferation Act of 1978, Public Law 95–242.
- Public Law 102–486, Energy Policy Act of 1992.
- House Report No 102–1018, 1992 US Code Cong & Admin News 1953, 1955.
- Public Law 102–486, Title XX.
- Id, Title XIV.
- Id, Title XXVIII.
- Id, Title VIII.
- Id, Title IX.
- American Economic Power: Redefining National Security for the 1990s, Hearings before the Joint Economic Committee, US Congress, 101st Cong, 1st Sess, 9 November 1989 at 23.
- Joint Chiefs of Staff, National Military Strategy of the United States, January 1992 at 5.
Journal of Energy & Natural Resources Law
Volume 12, 1994 - Issue 1: International Energy Trade