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Trade, Labor Conditionality, and Supply Chain Resilience (Vol. 57, Fall 2024)

Kevin Kolben

10 Mar 2025

The concept of supply chain resilience, and even the supply chain itself, has evolved from being a technical concern of individual firms and organizations to a high priority of national governments For firms, supply chain resilience is a condition in which supply chains operate continuously and efficiently despite various shocks to the system U S policymakers, most notably the executive branch, have actively advocated for domestic policies promoting supply chain resilience in strategically important sectors, and the United States government has undertaken a “whole of government” approach to building supply chain resilience at the national level Its goal is to boost supply chain resilience in domestic supply chains in key industries that have signifcance for domestic economic stability and national defense Nearly all secretaries and departments, including the offce of the United States Trade Representative (USTR), which is charged with negotiating and enforcing trade agreements with foreign countries, have been implicated in this effort However, supply chain resilience has not until recently been an explicit goal or charge of the agency A question, therefore, is how U S trade policy should be constructed to achieve supply chain resilience, including but not exclusively in domains of vital concern.

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Professor of Business Law, Rutgers Business School