Abstract
This Comment argues that the U.S. restrictions on the export of semiconductors and other AI technology to China do not violate the General Agreement on Tariffs and Trade 1994 (GATT 1994). Instead, such measures are legitimate expressions under GATT 1994’s Article XXI national security exception, which allows a country to break other articles within the agreement if necessary to protect the country’s essential national security interests. Given the national security risks associated with the rise of AI technology and the likelihood that such technology will be supplied to a military enterprise, the current trade restrictions qualify for the exception. However, this Comment ultimately argues that while valid under GATT 1994, these trade restrictions are not a permanent solution. Such trade restrictions hurt international trade agreements and multilateral trading systems and do not remedy national security concerns. Ultimately a multilateral agreement regarding the safe trade and use of AI technology is needed to relieve the national security risks and prevent future disruption to trade.
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