The National Security Exception at the WTO: should it just be a matter of when members can avail of it? What about how?

Pinchis-Paulsen, Mona Paulsen ORCID: 0000-0003-4566-5041, Saggi, Kamal and Mavroidis, Petros C. (2024) The National Security Exception at the WTO: should it just be a matter of when members can avail of it? What about how? World Trade Review, 23 (3). 271 - 295. ISSN 1474-7456

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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.

Item Type:	Article
Additional Information:	© 2024 The Author
Divisions:	Law
JEL classification:	K - Law and Economics > K4 - Legal Procedure, the Legal System, and Illegal Behavior > K40 - General
Date Deposited:	11 Jan 2024 16:51
Last Modified:	04 Nov 2024 18:27
URI:	http://eprints.lse.ac.uk/id/eprint/121352

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