Foreign Policy and Separation of Powers Jurisprudence: Executive Orders Regarding Export Administration Act Extension in Times of Lapse as a Political Question

Authors

• Themes Karalis, Duval & Stachenfeld LLP

Abstract

The article examines the interplay between the Export Administration Act (EAA) and the Freedom of Information Act (FOIA), particularly focusing on whether the EAA qualifies as an Exemption 3 statute under FOIA. It explores how courts have upheld the EAA's exemption status even during periods of lapse, emphasizing the executive branch's authority to maintain export controls through executive orders. The analysis highlights the deference given to the executive in foreign policy matters and the challenges posed by the EAA's temporary nature, suggesting that Congress should consider amending the EAA for automatic renewal to avoid recurring issues.

Disciplines

Administrative Law | Human Rights Law | International Law | International Trade Law | Jurisprudence | Law | National Security Law

Recommended Citation

Themes Karalis, Foreign Policy and Separation of Powers Jurisprudence: Executive Orders Regarding Export Administration Act Extension in Times of Lapse as a Political Question, 12 Cardozo J. Int'l & Comp. L. 109 (2004).
Available at: https://larc.cardozo.yu.edu/cjicl/vol12/iss1/7