The Second Cold War? U.S.-China Trade War Over Rare Earth Elements and Critical Technology Transfers

With the ongoing trade tensions between the U.S. and Chinese governments regarding access to rare earth elements (REEs) and critical technology, respectively, along with the spillover effects of trade tensions more broadly on the global trading system, many attorneys may seek guidance to evaluate the risks for clients involved in these industries. This program will help attendees recognize the mercurial swings in the United States international trade policy from enmeshment in trade relationships to isolationism and the consequences for the international trade system.

Topics that will be discussed include: considering the history and purpose of the post-WWII global trade regime via an examination of the 1944 Bretton Woods Institutions (i.e., IBRD, IMF, and GATT?WTO); evaluating the intended and actual semi-independent role of the USTR (United States Trade Representative) and Court of International Trade in trade disputes vis-à-vis intervention by the executive and legislative branches; assessing the history of rare earth element extraction and processing from the 1960s to the present identifying the departure of REE processors from the United States as due in part to less restrictive environmental regulations in China and elsewhere;and examining U.S.-China trade relations focusing on the details of the ongoing trade tension between key U.S. industries requiring refined rare earth elements (REEs) from China as the sole country currently capable of mass production of REEs in tension with China’s desire for critical technology transfers from the U.S. for economic growth and military development. Cases involving tariffs will be reviewed along with different economic theories involving resources and technology.

This course is designed for attorneys with any level of experience who are seeking to assess the legal, political, and economic consequences of restrictive trade practices to better advise clients in affected industries as to their options for risk avoidance.

Learning Objectives:

1. Consider the U.S.’s foreign policy continuum of engagement and disengagement with the global trade system from the Great Depression to the present and the consequences of that inconsistent praxis on the international system.
2. Review the legal history of the development of the current global trade regime, focusing on the aftermath of the 1944 Bretton Woods Conference (i.e., GATT/WTO, IMF, and IBRD), and consider whether the system is still well suited to manage current economic conflicts. 
3. Evaluate the intended and actual roles of the USTR (United States Trade Representative) and the Court of International Trade in trade disputes to depoliticize policy decision-making regarding international trade with the intent to avoid worsening economic recessions through reactionary Executive or Congressional action. 
4. Assess the “rare” earth elements (REE) and core industries implicated by conflicts over REEs, such as defense, aerospace, artificial intelligence (AI), semiconductor, and the automotive sectors.
5. Assess the Homer-Dixon Resource Scarcity Thesis and the Resource Curse Thesis as applied particularly to technologically advanced countries with substantial deposits of REE, such as the United States and China.
6. Analyze the consequences of E.O. 14156 declaring a national energy emergency and subsequently E.O. 14272 identifying supply chain vulnerabilities of critical resources as a significant threat to national security.

Course Time Schedule:

Eastern Time: 1:00 PM - 3:00 PM
Central Time: 12:00 PM - 2:00 PM
Mountain Time: 11:00 AM - 1:00 PM
Pacific Time: 10:00 AM - 12:00 PM
Alaska Time: 9:00 AM - 11:00 AM
Hawaii-Aleutian Time: 8:00 AM - 10:00 AM

This course is also being presented on the following dates:

Friday, March 20, 2026
Friday, April 10, 2026
Friday, May 1, 2026
Friday, May 22, 2026
Friday, June 12, 2026