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Increased threats from transborder criminal activity are leading to stronger governmental and intergovernmental responses in the military, judicial, and regulatory arenas. These efforts, particularly the non-military efforts, raise a new issue in international economic law: the intersection between trade and law enforcement. This paper provides an overview of this “trade and law enforcement” linkage in four areas: (1) security, (2) health, (3) human rights, and (4) environmental protection. To explain the linkage between trade and law enforcement, I present the taxonomy of how trade measures are usable for law enforcement, and I offer a synopsis of the WTO provisions relevant to law enforcement and national security. I also examine the ways that law enforcement efforts might infringe WTO rules. Finally, I discuss new approaches for the WTO to promote law enforcement objectives.

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GWU Law School Public Law Research Paper No. 2013-12; GWU Legal Studies Research Paper No. 2013-12

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