In Litigating National U.S. National Security Measures Utilizing Economic Tort Claims, Joel Slawotsky explores the emerging legal landscape where national security measures intersect with economic competition. This paper investigates how false or recklessly-made allegations that a company poses a national security threat may amount to the tort of commercial disparagement. Against the backdrop of the China-U.S. hegemonic rivalry, the author examines cases where accusations—potentially rooted in economic nationalism or protectionism—damage the business interests of foreign entities, like Huawei or Chinese electric vehicle manufacturers. The paper discusses the policy, legal, and jurisdictional challenges of litigating these claims and considers how courts might balance legitimate security concerns with protections against wrongful economic harm. By analyzing recent historical trends and legal frameworks, the author raises the novel proposition that economic torts could serve as a check on the misuse of national security measures, fostering fairer competition while safeguarding national interests.
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