Document Type
Article
Publication Date
9-2024
DOI
https://doi.org/10.1017/S1474745624000065
Abstract
The GATT security exceptions were practically in hibernation until recently. The recent WTO disputes panel activity concerning such exceptions is characterized by a standard of review that places the accent on ‘when’ action should be taken and not so much on ‘what’ action should be taken. We see two problems with this construction. First, the ‘when’ might be a function of privileged information that those possessing it might be unwilling to divulge in a transparent manner. Second, national security is an amorphous concept, and unless we disaggregate it, it is impossible to pronounce the appropriateness of measures adopted to pursue the underlying objective. In turn, the absence of disaggregation could lead to false positives and negatives, as the same action could be pursuing essential security or providing protection to domestic players.
Disciplines
International Trade Law | Law | National Security Law
Creative Commons License
This work is licensed under a Creative Commons Attribution 4.0 International License.
Recommended Citation
Mona Pinchis-Paulsen, Kamal Saggi & Petros C. Mavroidis,
The National Security Exception at the WTO: Should It Just Be a Matter of When Members Can Avail of It? What About How?,
23
World Trade Rev.
271
(2024).
Available at:
https://scholarship.law.columbia.edu/faculty_scholarship/4561