Journal articles on the topic 'WTO general and security exceptions'
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1
Voon, Tania. "The Security Exception In WTO Law: Entering a New Era." AJIL Unbound 113 (2019): 45–50. http://dx.doi.org/10.1017/aju.2019.3.
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For seventy years, the security exception in the multilateral trade regime has mostly lain dormant. The exception first appeared in the General Agreement on Tariffs and Trade 1947 (GATT 1947), before being incorporated in the General Agreement on Tariffs and Trade 1994 (GATT 1994) upon the creation of the World Trade Organization (WTO). However, security exceptions also exist in several other WTO provisions, including the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) and the General Agreement on Trade in Services (GATS). Until recently, perhaps through a combination of WTO member restraint and fortuitous circumstances, WTO panels have not had to make a definitive ruling on the meaning and scope of these exceptions. Yet, suddenly, the security exception lies at the center of multiple explosive disputes, posing a potential threat to the WTO's very existence.
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Weiß, Wolfgang. "Adjudicating Security Exceptions in WTO Law: Methodical and Procedural Preliminaries." Journal of World Trade 54, Issue 6 (December 1, 2020): 829–52. http://dx.doi.org/10.54648/trad2020036.
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As WTO members increasingly invoke security exceptions and the first panel report insofar was issued in Russia – Traffic in Transit, the methodical and procedural preliminaries of their adjudication must be reassessed. The preliminaries pertain to justiciability and to the proper interpretive approach for their vague terms that seemingly imply considerable discretion to WTO members, all the more as general exceptions are subject to expansive interpretation. Reading security exceptions expansively appears not viable as they miss the usual safeguard against abuse (i.e. the chapeau of Articles XX GATT/XIV GATS). This lack of safeguards rather suggests caution in conceptualising them expansively, as do the systemic consequences of recent attempts to re-politicize security exceptions which run the risk of nullifying the concept of multilateral trade regulation altogether. Furthermore, the appropriate standards of review and proof must be explored which have to strike a balance between control and deference in national security.
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Mishra, Neha. "The Trade: (Cyber)Security Dilemma and Its Impact on Global Cybersecurity Governance." Journal of World Trade 54, Issue 4 (August 1, 2020): 567–90. http://dx.doi.org/10.54648/trad2020025.
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Governments are adopting various measures to address cybersecurity-related concerns. Some of these measures restrict cross-border flows of digital services/data, and thus inconsistent with obligations in trade agreements such as General Agreement on Trade in Services (‘GATS’). However, certain governments might argue that such measures are justified under the GATS security exception (Art. XIVbis) as they protect national security. This article investigates whether GATS Art. XIVbis is relevant in justifying cybersecurity measures and its potential impact on cybersecurity governance. It argues that GATS Art. XIVbis has limited relevance, and is potentially problematic, when used in justifying majority of cybersecurity measures. First, a large majority of cybersecurity measures do not fall within the limited set of exceptional circumstances listed in GATS Art. XIVbis. Further, in applying this exception to cybersecurity measures, WTO Panels will be unfairly forced to balance trade and security interests in an environment of political, technological and policy uncertainty. Given these practical limitations and the normative boundaries of GATS Art. XIVbis, countries must avoid casually relying upon security exceptions as a basis for adopting/implementing unilateral measures on cybersecurity, but rather engage in meaningful cyber-diplomacy and regulatory cooperation mechanisms to resolve their differences on cybersecurity governance. cybersecurity, GATS, WTO law, security exception, digital trade, internet governance,national security, cyberspace
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Swaak-Goldman, Olivia Q. "Who Defines Members' Security Interest in the WTO?" Leiden Journal of International Law 9, no. 2 (June 1996): 361–71. http://dx.doi.org/10.1017/s0922156596000246.
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The European Community (EC) has recently announced its decision to begin dispute-resolution procedures in the World Trade Organization (WTO) against the United States (US) because of the latter's passage of the so-called ‘Helms-Burton’ law, which tightens the sanctions against Cuba by means of extraterritorial application. This will, in all probability, offer the WTO an ideal opportunity to define the limits of the General Agreement on Tariffs and Trade's (GATT) security exception. The security exception, contained in GATT Article XXI, is also included in other agreements annexed to the Agreement establishing the World Trade Organization (WTO Agreement), such as the General Agreement on Trade in Services (GATS) and the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPs). It provides an exception from all GATT (as well as GATS and TRIPs) obligations, including the all-important ‘most-favoured-nation’ non-discrimination rule. The security interests at issue must be those of a political, rather than an economic, nature. It should be noted that because there is no human rights and democracy exception to the GATT or other agreements annexed to the WTO Agreement, trade restrictions that are based either in whole or in part on these concerns, such as the measures against Cuba, are usually justified on the basis of the security exception.
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Pinchis-Paulsen, Mona. "Trade Multilateralism and U.S. National Security: The Making of the GATT Security Exceptions." Michigan Journal of International Law, no. 41.1 (2020): 109. http://dx.doi.org/10.36642/mjil.41.1.trade.
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Today, there are an unprecedented number of disputes at the World Trade Organization (“WTO”) involving national security. The dramatic rise in trade disputes involving national security has resuscitated debate over the degree of discretion afforded to WTO Members as to when and how to invoke Article XXI, the Security Exception, of the General Agreement on Tariffs and Trade (“GATT”), with binding effect. The goal of this article is to shed light on contemporary questions and concerns involving national security and international trade, particularly questions involving the appropriate invocation of Article XXI GATT, through careful attention to the article’s historical context. The article elucidates the diverse strategic and economic considerations that shaped the meaning of U.S. national security interests at the time when national delegations were drafting the post-war multilateral trade system, the ITO. It demonstrates how these interests, in turn, created the language, phrasing, and placement of the security exception within the ITO Charter, and details when and how this was adopted in the GATT. This article argues that analyzing internal U.S. practice into the making of Article XXI is relevant for current and future efforts to interpret the exception, thereby contributing to existing literature on Article XXI GATT. It provides the internal deliberations of U.S. officials who served as key architects of the multilateral trade system and of the ITO Charter’s security exception. Additionally, the article captures a fascinating story as to how different U.S. agencies competed to define U.S. foreign and economic policies at the time and shows how the compromises struck help to explain the making of article XXI GATT.
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Lapa, Viktoriia. "GATT Article XXI as a Way to Justify Food Prohibitions Adopted as a Response to COVID-19?" Global Trade and Customs Journal 15, Issue 7 (July 1, 2020): 340–44. http://dx.doi.org/10.54648/gtcj2020074.
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The current pandemic, coronavirus disease-2019 (COVID-19), pushed some countries to adopt export prohibitions on medical devices, protective gear and foodstuffs. Since most of such restrictions would be contrary to WTO Members’ commitments under General Agreement on Tariffs and Trade (GATT) Article XI, the question arises how to justify them. While most scholars concentrate on public health and general exceptions, i.e. GATT Article XX (b), we should not overlook the national security exception under GATT Article XXI. This article discusses the possibility to justify food export restrictions in light of GATT Article XXI (b)(iii) as interpreted by the Panel in the Russia-Traffic in Transit case. Given the flexibility of GATT Article XXI (b)(iii) terms and the larger deference awarded to WTO Members, it appears to be an attractive tool to justify certain export prohibitions in view of the global pandemic. In particular, this article will discuss whether food security can be framed as a national security interest, as well as whether COVID-19 can be considered an emergency in international relations under GATT Article XXI(b)(iii). national security exception, pandemic, COVID-19, food security
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Mollaian, Saba L. "Does Trade Equal Peace? The Role of the WTO in International Peace." Legal Issues of Economic Integration 46, Issue 1 (February 1, 2019): 77–99. http://dx.doi.org/10.54648/leie2019005.
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This article contends that the World Trade Organization (‘WTO’) plays a vital role in the maintenance of international peace through continued international trade. In exploring this argument, the article looks to the history of the General Agreement on Tariffs and Trade (‘GATT 1947’) and the WTO. After doing so, the article analyses the other side of the coin: when trade is weaponized through the use of the General Agreement on Tariffs and Trade (‘GATT 1994’) security exception Article XXI. Lastly, the article discusses the effectiveness of trade sanctions and whether the security exception is in need of reform in order for the WTO to better engage in the pursuit of international peace through international trade.
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Arko, Annie. "A Canadian Border Carbon Adjustment? GATT Compliance and Underexplored Exceptions." Global Trade and Customs Journal 16, Issue 9 (September 1, 2021): 446–58. http://dx.doi.org/10.54648/gtcj2021050.
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Canada is one of thirty-one countries covered by a national carbon pricing mechanism. Complementary border carbon adjustment (BCA) on imports is the next step for preventing carbon leakage from these thirty-one jurisdictions. Existing commentary assessing the legitimacy of a BCA under the General Agreement on Tariffs and Trade (GATT) focuses on the European Union (EU) and the United States (US) and favours the more conventionally used exceptions for protecting environment and conserving natural resources through Articles XX(b) and (g). This article contributes to the literature by flagging that Article XX(b) may not be the most promising route for Canada and provides a fresh characterization of Article XX(g). This article further breaks with convention and takes the road less trod by considering the strength of Articles XX(a) public morals, (d) compliance with laws and regulations, (f) national treasures, and XXI security exceptions. It is challenging to fit modern solutions to complex problems into the GATT, but the WTO needs to demonstrate its responsiveness to change in order to maintain relevancy and legitimacy. Afterall, there can be no trade on a dead planet. Border carbon adjustment, WTO, Article XX GATT, Article XXI GATT, Canada, climate change, climate action, carbon pricing
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Marhold, Anna-Alexandra. "Unpacking the Concept of ‘Energy Security’: Lessons from Recent WTO Case Law." Legal Issues of Economic Integration 48, Issue 2 (May 1, 2021): 147–70. http://dx.doi.org/10.54648/leie2021009.
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‘Energy security’ is a crucial concept in international relations, as well as in international (economic) law. Although no international legal definition of this multi-layered notion exists, and the concept has been recognized as ‘vague’ in international relations literature, it remains a term that is used time and again by states when referring to measures taken in connection with safeguarding their national energy supply. This contribution identifies the various dimensions of the concept of energy security, after which it studies its role in international (economic) law and zooms in on the World Trade Organization (WTO). It critically assesses how the panel and Appellate Body (AB) have dealt with WTO Members’ arguments connected to energy security in two recent WTO disputes, India – Solar Cells and EU – Energy Package. The article demonstrates that while energy security concerns may be a valid basis for defending a Member’s measure, they will not hold if that measure is applied in a discriminatory manner. This may be problematic, as energy security concerns are frequently geo-political in nature and may be inherently discriminatory. The contribution also explains why ‘long-term energy security’ defenses are more likely to meet the threshold of the Article XIV(a) General Agreement on Trade in Services (GATS) public policy exception, rather than the ‘products in local short supply’ exception of Article XX(j) GATT. Energy Security, ECT, IEA, OPEC, PTAs, WTO, dispute settlement, public policy exception, local short supply
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Bogdanova, Iryna. "Targeted Economic Sanctions and WTO Law: Examining the Adequacy of the National Security Exception." Legal Issues of Economic Integration 48, Issue 2 (May 1, 2021): 171–200. http://dx.doi.org/10.54648/leie2021010.
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Individual states increasingly rely upon targeted economic sanctions to achieve their foreign policy goals. The legality of such unilateral sanctions remains debatable in public international law. However, their proliferation and possible negative repercussions encourage targeted states to question their legality before international tribunals, including the World Trade Organization (WTO) dispute settlement system. Against this backdrop, the article analyses three types of recently enacted unilateral targeted sanctions. In particular, sanctions imposed on human rights grounds (‘Magnitsky-style sanctions’), those targeting perpetrators of cyber-attacks, and sanctions impacting trade in information and communications technology and services (ICTS) (e.g.,Huawei sanctions) are discussed. The subsequent analysis focuses on the possible WTO-inconsistency of these economic restrictions. Following this, the possibility to justify such sanctions under the national security exception of Article XXI(b)(iii) of the General Agreement on Tariffs and Trade (GATT) is explored. The conclusion emphasizes that the national security exception cannot be used to justify all types of unilateral economic sanctions, even if these measures are introduced to address national security concerns. This conclusion not only demonstrates inevitable boundaries of the national security clause but also reinforces the general tendency of questioning the legality of unilateral economic sanctions. economic sanctions, national security, WTO, Magnitsky-style sanctions, cyber sanctions, information and communications technology and services, Huawei sanctions
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Vidigal, Geraldo. "WTO Adjudication and the Security Exception: Something Old, Something New, Something Borrowed Something Blue?" Legal Issues of Economic Integration 46, Issue 3 (August 1, 2019): 203–24. http://dx.doi.org/10.54648/leie2019013.
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For twenty years, World Trade Organization (WTO) Members managed to avoid invoking the security exception before WTO panels, leaving unresolved the tension between the self-judging element explicit in its text and the compulsory jurisdiction of WTO panels. Then, in 2017 and 2018, a dozen panels were established after the respondent declared that it deemed the challenged measures necessary to protect its essential security interests. The first panel report to examine the issue, in Russia – Traffic in Transit, was adopted in April 2019 without appeal. Its interpretation of General Agreement on Tariffs and Trade (GATT) Article XXI significantly limits the scope of the self-judging element in the provision and devises a three-step legal test to be met by Members invoking the exception, with the declared objective of safeguarding ‘the object and purpose of GATT 1994 and the WTO Agreements more generally’. This article examines and discusses this interpretation and its effects over the role of the WTO in international trade relations, viewing it as the latest episode in the long-standing tension between mechanisms providing for compulsory international adjudication and the view that, where states deem their essential interests to be involved, the submission of disputes to adjudication remains subject to their sovereign determination.
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Ranjan, Prabhash. "National Security Exception in the General Agreement on Tariffs and Trade (GATT) and India–Pakistan Trade." Journal of World Trade 54, Issue 4 (August 1, 2020): 643–65. http://dx.doi.org/10.54648/trad2020028.
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India and Pakistan, two nuclear-armed South Asian neighbours who have shared a turbulent relationship for last seventy years, recently came close to almost fighting a war with each other. The recent terror attack in Pulwama in Kashmir by a terror group based in Pakistan, led India to revoke Pakistan’s most favoured nation (MFN) status under the World Trade Organization (WTO) by imposing 200%tariff rates on all Pakistani imports. This decision was followed by a limited military confrontation between the two countries. Such unilateral increase in the customs tariff rates violate India’s MFN obligation towards Pakistan. This article discusses whether India can justify this measure under Article XXI of GATT – the national security exception. The paper, in light of the scholarly commentary and the recent WTO Panel’s decision in the Russia – Transit case, discusses the key concepts of Article XXI and applies them to the India–Pakistan situation. The paper finds that while a situation of international emergency did exist between the two countries, the Indian measure cannot be justified under Article XXI of GATT. India, Pakistan, National Security, Article XXI, GATT
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Rashevska, Kateryna. "HUMAN RIGHTS IMPLICATIONS OF THE RUSSIAN FEDERATION MEMBERSHIP IN THE WTO AFTER THE INVASION OF UKRAINE." Scientific Journal of Polonia University 51, no. 2 (June 14, 2022): 299–305. http://dx.doi.org/10.23856/5135.
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This paper aims to investigate the human rights implications of the challenges facing the WTO in connection with the international armed conflict between Russia and Ukraine and suggest possible ways to overcome them, as well as outline the range of arguments that can be used by states resorting to economic countermeasures, during the trade dispute settlement procedure. The author has reviewed the three key aspects related to the continuation of Russia's membership in the WTO, namely: (1) legal justification of restrictive trade measures (within sectoral and individual sanctions) through the use of security exceptions; (2) suspension or termination of Russia's participation in the WTO due to amendments to the Marrakesh Agreement; (3) adoption of WTO initiatives in the field of human rights protection in the context of political isolation of the Russian Federation. The research is critical in nature. It is conducted in the pragmatic paradigm through economic analysis of law (EAL). A combination of quantitative and qualitative approaches was used in the data analysis while case studies allow a detailed analysis of existing practice of the WTO DSB. The findings presented in the article should make an important contribution to the harmonization of international trade law and international human rights law and advance the progressive development of WTO law by potentially overcoming the existing legal gaps.
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Moerenhout, Tom. "The Obligation to Withhold from Trading in Order Not to Recognize and Assist Settlements and their Economic Activity in Occupied Territories." Journal of International Humanitarian Legal Studies 3, no. 2 (2012): 344–85. http://dx.doi.org/10.1163/18781527-00302004.
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This article argues that trade embargoes toward illegal settlements in occupied territories are an obligation under general public international law, when such trade primarily benefits the occupant. In this case, the self-executing duty of non-recognition applies. There is no need for an explicit trade embargo imposed by the United Nations Security Council. For, transferring parts of an occupant’s civilian population to occupied territories, and gaining economic benefits from occupation, both violate peremptory norms of public international law. Equally, withholding trade is also permitted under the law of the World Trade Organization (WTO). This article shows that according to Article XXVI.5.(a) of the General Agreement on Tariffs and Trade (GATT), the GATT does not apply to illegal settlements. A WTO panel could reach this conclusion, either by denying jurisdiction through finding that the occupying State has no legal standing or by scrutinizing Article XXVI.5.(a) on its merits. However, if a panel would, erroneously, decide the GATT does apply to settlements; trade sanctions could still be allowed in a dispute settlement. This can be done by either accepting the relevant rules of public international law as an independent defense, or by using it in the interpretation of public moral and security exceptions under GATT Article XX and XXI.
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Voon, Tania. "Russia—Measures Concerning Traffic in Transit." American Journal of International Law 114, no. 1 (January 2020): 96–103. http://dx.doi.org/10.1017/ajil.2019.72.
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This dispute, brought by Ukraine against Russia, provides the first discussion in a World Trade Organization (WTO) Panel or Appellate Body Report of the security exception in Article XXI of the General Agreement on Tariffs and Trade 1994 (GATT). Unusually for a WTO dispute, the Panel (chaired by former WTO Appellate Body Member Georges Abi-Saab) found that Russia had not acted inconsistently with any of the claimed obligations under the GATT or Russia's Accession Protocol. Central to that conclusion was the Panel's understanding of the GATT security exception and the circumstances surrounding the imposition of the challenged measures, which related to trade in transit by road and rail through Russian territory. The Panel found that, since 2014, an emergency in international relations existed between Russia and Ukraine within the meaning of GATT Article XXI(b)(iii) and that the challenged measures fell within this exception. If the exception had not applied, according to the Panel, Ukraine would have established a prima facie case of violation of the provisions on freedom of transit in GATT Article V:2 and equivalent provisions in Russia's Accession Protocol. The decision, which neither party chose to appeal, has significant implications for other disputes in which the security exception has been invoked.
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Chieng, David. "Supply Chains, COVID-19 and the GATT Security Exception: Legal Limits of ‘Pandemic Exceptionalism’." Australian Year Book of International Law Online 39, no. 1 (December 9, 2021): 13–31. http://dx.doi.org/10.1163/26660229-03901003.
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Abstract The increasingly fraught relationship between trade and security has manifested through expanding conceptions of security to include notions of economic self-sufficiency. Some suggest that this trend will be accelerated by COVID-19 to permanently enshrine exceptionalism in trade (‘pandemic exceptionalism’), arguably enabling invocations of the security exception to justify potentially protectionist measures where it is considered, by an invoking WTO Member, as necessary to protect its ‘essential security interests’. This article explores the security implications of the pandemic’s disruption of international supply chains and growing calls to ‘reshore’ production in order to examine whether COVID-19 could enable an indefinite expansion of the security exception under Article XXI of the General Agreement on Tariffs and Trade 1994. The analysis contrasts the subjective and objective elements of Article XXI(b)(iii) to highlight the role of judicial settlement and objective determination in imposing legal limits on ‘pandemic exceptionalism’.
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Mcdonald, Brad. "WTO Dispute Settlement and Rule-Making: One Crisis or Two?" Journal of World Trade 55, Issue 3 (June 1, 2021): 383–96. http://dx.doi.org/10.54648/trad2021015.
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The World Trade Organization (WTO) Agreements can be thought of as an incomplete contract that needs to be completed either through renegotiation, the judiciary, or non-judicial interpretation. It provides for all three, but only the judicial route has functioned regularly. With that route now (also) in crisis, there is doubt whether the contract itself can continue to deliver the relative stability and openness in trade policy that has underpinned exceptional global economic performance post World War II. The paper asks whether the multiple crises in the WTO might stem from a common cause of institutional design or culture. New challenges such as climate change and the interface of technology and security may brutally expose further implications of this weakness. The paper concludes with thoughts on a way out. Dispute settlement, General Agreement on Tariffs and Trade (GATT), International Monetary Fund (IMF), International trade, World Trade Organization (WTO), WTO reform
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Ferracane, Martina Francesca. "Data flows and national security: a conceptual framework to assess restrictions on data flows under GATS security exception." Digital Policy, Regulation and Governance 21, no. 1 (January 14, 2019): 44–70. http://dx.doi.org/10.1108/dprg-09-2018-0052.
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PurposeThe paper aims to explore the national security implications of a potential for a World Trade Organization (WTO) dispute on data flow restrictions. It proposes a basic conceptual framework to assess data flows’ restrictions under General Agreement on Trade in Services (GATS) security exception.Design/methodology/approachIf a case were to be brought before the WTO dispute settlement, the defender could support its case by invoking the security exception. This paper analyzes three main arguments that could be brought up: protection from cyber espionage, protection from cyberattacks on critical infrastructure and access to data needed to prevent terrorist threats. These three cases are analyzed both legally and technically to assess the relevance of restrictions on data flows under GATS security exception. This analysis can, more generally, inform the debate on the protection of national security in the digital era.FindingsIn the three cases, restrictions on data considered critical for national security might raise the cost of certain attacks. However, the risks would remain pervasive and national security would not be significantly enhanced both legally and technically. The implementation of good security standards and encryption techniques appears to be a more effective way to ensure a better response to cyber threats. All in all, it will be important to investigate on a case by case basis whether the scope of the measure (sectors and data covered) is considered proportionate and whether the measure in question in practice reduces the exposure of the country to cyber espionage, cyberattacks and terrorist threats.Originality/valueThis paper represents a contribution to the literature because it is the first paper to address systematically the issue of data flows and national security in the context of a GATS dispute and because it provides a unique perspective that looks both at legal and technical arguments.
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赵, 后. "A Probe into the International Legality of Anti-Foreign Sanctions—From the Perspective of WTO Security Exception Clause." Dispute Settlement 08, no. 04 (2022): 807–13. http://dx.doi.org/10.12677/ds.2022.84109.
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S. Miglani, Anhad. "A Contemporary Contextualization of Security Under Article XXI of the GATT." Global Trade and Customs Journal 17, Issue 11/12 (November 1, 2022): 485–91. http://dx.doi.org/10.54648/gtcj2022068.
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States’ perceived sovereign interests are often not aligned with international legal standards, especially in relation to national security. The Article XXI security exception qualifies the collective interests of the international community which the non-discrimination requirements of the General Agreement on Tariffs and Trade (GATT) regime aspires for. While its justiciability and self-judging nature have long been discussed and debated upon, the provision must be understood in light of the ever-evolving conceptions of security itself, including challenges posed by climate change, public health emergencies and cyber warfare. Despite being noticed at the drafting stage, Article XXI does not contain a mechanism akin to the chapeau of Article XX against which the need for states to act against such non-conventional threats may be balanced with free trade interests. In view of the underlying subjectivity arising from both, judicial discretion and states’ conceptions, this article so contextualizes the security exception, including by tracing its historical underpinnings. It considers the application of the good faith requirement and significantly, examines whether security interests can objectively be determined. National security, WTO, treaty interpretation, Article XXI, non-discrimination, trade law, GATT
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Bismono, Ramadhan, Joko Priyono, and Nanik Trihastuti. "The problems of interpreting GATT Article XXI(b)(iii) in Russia – Traffic in Transit." Journal of International Trade Law and Policy 21, no. 1 (December 17, 2021): 65–78. http://dx.doi.org/10.1108/jitlp-10-2021-0054.
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Purpose This paper aims to further study the panel report in Russia – Traffic in Transit regarding the interpretation and application of 1994 general agreements on tariffs and trade (GATT) Article XXI(b). It analyses the threshold applied by the panel in applying Article XXI(b)(iii) and further discusses the potential problem that may arise in the future dispute. This study also investigates the notion of emergency and security interest and its development in international law. Design/methodology/approach This normative research uses a qualitative legal methodology. This study conducts desk analysis of primary legal materials and existing literature to assess the concept of security interest within the World Trade Organization (WTO) framework. Findings This paper finds that the panel in Russia – Traffic in Transit applied subjective and objective test in reviewing Russia’s invocation of GATT Article XXI(b)(iii). Despite the adjectival self-judging clause and the political tension of the dispute, the panel is capable to review its application. This study further finds that the term security interest and emergency in international relations still leaves the possibility of open interpretation. Research limitations/implications Because of the normative research approach, the research results lack empirical data and implications. Therefore, future research is encouraged to inquire on the empirical research. Originality/value This paper fulfils the need to study and explore security exception clause within the WTO framework as a normative rule of law and in the wider conceptual notion of security and emergency in international law.
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Messerlin, Patrick. "Agricultural Liberalization in the Doha Round." Global Economy Journal 5, no. 4 (December 7, 2005): 1850049. http://dx.doi.org/10.2202/1524-5861.1136.
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Agriculture is an urgent and vital problem for developing countries, and even more so for the poorest countries that are often dependent on a very small set of commodities, many of which are highly subsidized and protected in the OECD countries. The Uruguay Round brought agriculture into the WTO legal framework, but did not lower the effective level of OECD farm protection after 1995 and granted many exceptions to WTO rules that reinforced agricultural protection. While there are a number of diverging forces that are potential sources of change in the levels and patterns of agricultural protection, the recent farm policies adopted by the U.S. and EU reflect an absence of significant domestic reform and appear to be going in the wrong direction. The analysis of agricultural liberalization reveals very large potential gains for both developed and developing countries that will come especially from own-country liberalization as well as from inter-country trade, significant benefits that may be realized by the poorest developing countries, and limited benefits from existing preferential agricultural arrangements. An ideal program for agricultural liberalization in the Doha Round would involve substantial reductions in the high tariffs that exist in both developed and developing countries using the Swiss formula approach and limiting exceptions and special and differential treatment, elimination of agricultural export subsidies, and making meaningful reductions in domestic supports. The negotiations should not get hung up on issues of food security and the effects of higher prices for low-income consumers, and a special safeguard for agriculture is not recommended. It is imperative that agricultural liberalization should be combined with appropriate domestic policies and actions and international assistance, if needed, to help finance emergency food inventories and aid to disadvantaged groups. Patrick A. Messerlin is Professor of Economics at the Institut d'Etudes Politiques de Paris (Sciences Po) and director of the Groupe d'Economie Mondiale de Sciences Po (GEM) which is an independent research center seeking to improve the performance of French and European public policies in a global world. In 2002-2005, he was co-chairman with Dr Ernesto Zedillo, Former President of Mexico, Director of the Yale Center for the Study on Globalization, of the Task Force on Trade in the UN Millenium Development Goals Project, which produced a Report on Trade for Development released in May 2005. In 2001-2002, he was special advisor to Mike Moore, WTO Director General. He has published a dozen books and a hundred papers on trade theory and policy. His most recent book is Measuring the Costs of Protection in Europe: European Commercial Policy in the 2000s, Institute for International Economics (Washington) 2001.
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Raina, Akhil, and Simón Hernández. "Legal Problems with Data Localization Requirements: The Case of the Russian Federation." Global Trade and Customs Journal 15, Issue 9 (August 1, 2020): 445–59. http://dx.doi.org/10.54648/gtcj2020084.
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In times of turbulence for international trade, some issues stand out as ‘cutting-edge’. Trade in data, and data-related services are a part of those ‘frontier’ conversations. To this end, a peculiar kind of measure has emerged since 2013: data-localization requirements (DLRs) mandate that only domestic service suppliers can process data of the citizens of a particular country. Several prominent players in the trading landscape, including the United States and China, have imposed such measures. Similar legislation has been enacted by the Russian Federation (RF), which is analysed herein. Before assessing measures imposed by the RF, the authors set out the landscape of the General Agreement on Trade in Services (GATS), particularly the obligations relating to Market Access under Article XVI. Drawing heavily on WTO jurisprudence, the authors demonstrate that the RF measures in question fall within the scope of the GATS and violate the RF’s obligations under Article XVI; and further, that such violation cannot be justified under ArticlesXIV or XIVbis. To this end, the authors contribute to the existing literature on a subject which is becoming exponentially significant as time moves on. World Trade Organization; General Agreement on Trade in Services; Market Access; Cross-border Supply; National Treatment; General and Security Exceptions; Personal Data, Processing of Personal Data, Data Localization Requirements; and Russian Federation
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Balan, George-Dian. "On Fissionable Cows and the Limits to the WTO Security Exceptions." Global Trade and Customs Journal 14, Issue 1 (January 1, 2019): 2–10. http://dx.doi.org/10.54648/gtcj2019001.
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Some WTO Members are of the view that the WTO security exceptions are self-judging. However, several others offer a more balanced position: while recognizing the broad discretion enjoyed by Members, they also acknowledge the limits of these exceptions and the WTO adjudicating bodies’ power to make findings and issue recommendations on the matter. Panels and the Appellate Body have normally jurisdiction to deal with cases in which defences based on security exceptions are raised. The Article XXI test should draw inspiration from the elements of the well-established Article XX of GATT 1994 test, adapted to the particular circumstances of the ‘mother of all exceptions’. The famous ‘it considers’ does not offer a carte blanche to the Members invoking security exceptions and refers only to the necessity test, which consists of a verification of whether it is plausible to consider the measure at issue necessary for the protection of the respective essential security interests, from the perspective of the invoking Member. There are objective elements conditioning the applicability of the security exceptions. Cows, for instance, cannot be considered fissionable materials. The limits of the invocation of the security exceptions should be the good faith and the abuse of rights.
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Neuwirth, Rostam J., and Alexandr Svetlicinii. "The Economic Sanctions over the Ukraine Conflict and the WTO: Catch-XXI and the Revival of the Debate on Security Exceptions." Journal of World Trade 49, Issue 5 (October 1, 2015): 891–914. http://dx.doi.org/10.54648/trad2015035.
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The international conflict over the events in Ukraine led to the application of unilateral restrictive measures by the parties involved – the European Union, the United States and the Russian Federation – all of which are World Trade Organization (WTO) members and permanent members of the UN Security Council. It has been alleged by all sides that specified restrictions on trade in goods and services may constitute a violation of WTO obligations. The possibility of a challenge of the restrictive measures using the WTO dispute settlement mechanism revived the debate on the invocation of security exceptions allowing WTO members to apply otherwise inconsistent measures justified by their ‘essential security interests’. The present article aims at providing a critical analysis of the restrictive measures adopted by the parties and the perspectives for invoking the security exception in case of eventual WTO dispute settlement. The article highlights the ambiguity in the interpretation of the security exceptions and questions the suitability of the WTO dispute settlement mechanism for the resolution of the current Ukraine crisis.
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Peng, S. y. "Cybersecurity Threats and the WTO National Security Exceptions." Journal of International Economic Law 18, no. 2 (May 25, 2015): 449–78. http://dx.doi.org/10.1093/jiel/jgv025.
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Widodo, Sri. "Pengaruh globalisasi terhadap ketahanan pangan nasional." Agro Ekonomi 10, no. 1 (November 29, 2016): 1. http://dx.doi.org/10.22146/agroekonomi.16789.
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The problem on food security in Indonesia began to be interested since the economic crisis as one component of the social security net. Sustainable food security covers: availability of food, accessibility, utilization, stability, self reliance (autonomy) and sustainability. . Hirarchically food security can be at global order, regional, national, local, household and individual. The higher order offbod security is a necessary condition but not sufficient condition for the lower order.Economic theory indicate that there are gains to be made from free trade. increase the efficiency ufresource allocation, and increase welfare of all countries. However, all government, without exception, intervene to varying degrees in the working of natural market prces, with the reason the need to protect infant industry, to ensure food security, to redistribute income, and to enhance income of small producers.The liberalization initiatives culminated in UR agreement and WTO, among others, dismantling of quantitative restriction and subsidies as well as other nontariff barriers, but there were several new thing of antidumping tariff, sanitary and phytosanitary, technical barrier to trade,environment, and genetically modified organism.The impact of trade liberalization on exporter countries, in general, would benefit the producers, decrease the consumer surplus, and increase social welfare except large populated as India and China. The impact of importer countries depend on the policy of each country. Malaysia and Indonesia by decreasing import tariff policy would increase consumer surplus and social welfare but sacrificing the producers/farmers.National food policies consist of international trade policy domestic price policy, and policy on production efficiency. The international trade policy means to protect producers, consumers, and social welfare from the uncertainty of international market especially in the long run. The stabilization of domestic price policy needs inter department coordination and STE to implement. Protection could result inefficiency but it is needed for commodities those are not ready to compete and to protect from unfair trade, to protect farmers and long run food security.
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Lee, Ji Soo. "Trade Restrictive Measures and Security : Unsettled Issues on the WTO Security Exceptions." Korean Journal of International Economic Law 15, no. 3 (November 30, 2017): 187–212. http://dx.doi.org/10.46271/kjiel.2017.11.15.3.187.
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Hong, Sung-kyu. "The Security Exceptions and Trade Restrictions in the WTO System." Korean Academy Of International Commerce 34, no. 3 (September 30, 2019): 3–30. http://dx.doi.org/10.18104/kaic.2019.34.3.3.
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Dohale, Sonali, Kara M. Bombach, Cyril T. Brennan, Renée A. Latour, and Axel S. Urie. "CFIUS issues final regulations on national security review of foreign investments in the United States under FIRRMA: broader reach, mandatory filings, and limited exceptions." Journal of Investment Compliance 21, no. 2/3 (November 23, 2020): 143–49. http://dx.doi.org/10.1108/joic-09-2020-0025.
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Purpose The article examines the sweeping changes to the review process undertaken by Committee on Foreign Investment in the United States (CFIUS) as a result of the Foreign Investment Risk Review Modernization Act of 2018 (FIRRMA). The Article specifically reviews the long-awaited final sets of regulations, effective as of February 13, 2020, and analyzes their impact on the CFIUS process, as well as considers the implications of FIRRMA for parties to foreign acquisition, control, and investment transactions. Design/methodology/approach The Article begins with an overview of the CFIUS framework and a general explanation of FIRRMA. It then moves to an analysis of FIRRMA and the resulting changes to the prior CFIUS regime. The Article concludes with general considerations and provides recommendations for parties who may find themselves analyzing the potential applicability of CFIUS to foreign acquisition and investment transactions. Findings FIRRMA resulted in significant changes to the existing CFIUS regulatory framework. Practical implications Parties should learn the CFIUS changes as a result of FIRRMA, including the new mandatory filing requirements as well as implications for non-controlling investment transactions. Parties should include CFIUS analysis and planning in the earliest stages of deal planning and due diligence. Originality/value The article provides an in-depth review of the changes to CFIUS resulting from FIRRMA. The changes to the existing CFIUS landscape have resulted in new mandatory filing requirements and expanded jurisdiction over non-controlling investment and real estate transactions, which are discussed in the article.
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Biryukova, O. "National Security Issues in US Trade Policy." World Economy and International Relations 66, no. 4 (2022): 26–34. http://dx.doi.org/10.20542/0131-2227-2022-66-4-26-34.
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National security becomes a strong determining factor while implementing trade policy measures, and this raises many legal and political questions. The article shows that, historically, the United States, as a Contracting Party to GATT 47, experienced serious domestic difficulties in developing rules regarding security exceptions. The confrontation between the U. S. Department of State and War Departments, who were charged with post-war U.S. military and defense planning, left its mark of ambiguity in the wording of some trade rules. In recent years, Washington has actively used trade restrictive measures, invoking articles on security exceptions in the World Trade Organization (WTO) rulebook. Panel report on the dispute “Russian Federation – measures in relation to transit of goods” contributed greatly to the interpretation of the relevant exceptions. At the same time, the definition of the “boundaries” of the use of such measures remains largely open. The urgency of the problem becomes even more evident when we note how the current discourse is shifting towards sources of national security problems other than military threats. In the long term, national security issues might be linked to food and energy security, and in the near future – to climate change. The deviation from the paradigm of multilateral liberalism towards economic nationalism requires rethinking of the approaches laid down in the foundation of the multilateral trading system. The author concludes that the United States is not interested in clarifying the WTO rules related to national security, while maintaining the status quo, which allows it to have wide policy space.
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Yoo, Ji Yeong, and Dukgeun Ahn. "Security Exceptions in the WTO System: Bridge or Bottle-Neck for Trade and Security?" Journal of International Economic Law 19, no. 2 (May 13, 2016): 417–44. http://dx.doi.org/10.1093/jiel/jgw049.
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Chin, Yik-Chan, and Jingwu Zhao. "Governing Cross-Border Data Flows: International Trade Agreements and Their Limits." Laws 11, no. 4 (August 16, 2022): 63. http://dx.doi.org/10.3390/laws11040063.
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In modern international competition and cooperation, digital trade rules centered on the cross-border flow of data have become a competitive advantage for countries. Under the guidance of commercial freedom, the United States chooses to actively promote the free flow of data across borders. The European Union has placed the protection of personal data rights before the cross-border flow of data through the General Data Protection Regulation (GDPR), and developing countries generally reserve space for industry policy interpretation. As one of the world’s largest economies, facing the needs of domestic industrial development and the pressure of international systems, China’s cross-border data flows’ policy is to ensure data flows under the premise of security, protection of personal information, seek international coordination of rules, and the freedom of transmission. The key question, therefore, is how to facilitate interoperability or find a middle ground among the divergent approaches in order to avoid the fragmentation of the digital trade system. The article suggests that a thin and narrowly scoped WTO agreement on e-commerce rules on cross-border data flows with sufficient policy space to accommodate different needs, policy preferences and priorities, and local contexts via legitimate exception provisions would be a welcome movement.
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Crivelli, Pramila, and Mona Pinchis-Paulsen. "Separating the Political from the Economic: The Russia–Traffic in Transit Panel Report." World Trade Review 20, no. 4 (July 14, 2021): 582–605. http://dx.doi.org/10.1017/s1474745621000197.
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AbstractThis paper reviews the World Trade Organization (WTO) Panel Report Russia – Measures Concerning Traffic in Transit of April 2019. It constitutes the first attempt to disentangle the legal and political aspects related to the invoked essential security interests from the economic considerations underlying the measures imposed on the transit through Russia of goods exported from Ukraine to the Republic of Kazakhstan and Kyrgyzstan. One the one hand, the panel's interpretation of Article XXI of the GATT denies Members unilateral determination over security exceptions. It further enables a pathway for future WTO panels to review possible abuses of security exceptions – a growing concern due to the rising complexity of transnational economic relations. On the other hand, our economic analysis suggests a stricter assessment of Russia's transit restrictions was necessary. In particular, it argues that the panel adopted a circular assessment when considering the plausibility of whether Russia implemented its measures for the protection of its essential security interests at a time of emergency in international relations. Ultimately, although the panel's focus on finding a diplomatic and legal path forward failed economic scrutiny a legal assessment argues that the panel's findings fit the legal design of Article XXI:b of the GATT.
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Boklan, D. S. "Are Restrictive Measures and Countermeasures Justifiable by WTO Security Exceptions: objective or subjective approach?" Moscow Journal of International Law, no. 3 (September 20, 2018): 18–29. http://dx.doi.org/10.24833/0869-0049-2018-3-18-29.
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Balan, G. D. "The Latest United States Sanctions Against Iran: What Role to the WTO Security Exceptions?" Journal of Conflict and Security Law 18, no. 3 (April 10, 2013): 365–93. http://dx.doi.org/10.1093/jcsl/krt004.
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Bae, Sungho. "A Study on the WTO Security Exceptions: Focusing on Russia-Measures Concerning Traffic in Transit." Korea Association for International Commerce and Information 22, no. 1 (March 30, 2020): 191–210. http://dx.doi.org/10.15798/kaici.2020.22.1.191.
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Ngangjoh-Hodu, Yenkong. "Relationship of GATT Article XX Exceptions to Other WTO Agreements." Nordic Journal of International Law 80, no. 2 (2011): 219–34. http://dx.doi.org/10.1163/157181011x565568.
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AbstractThe 'Single Undertaking' concept was incorporated into the Uruguay Round Trade Talks at the last stage of the negotiations to among other things remedy the problems attributed to General Agreement on Tariff s and Trade (GATT) 1947 a la carte practice. Yet, no extensive discussion on coordination and hierarchy of World Trade Organization (WTO) norms seemed to have taken place. Even if the WTO members had hoped that the inherent flexibility in the GATT/WTO treaty system would be enough to resolve some unforeseen tensions arising from the treaty, the language of some of the WTO treaty provisions does not always point to this direction. As a consequence, it becomes very daunting to demarcate with certainty how some of the legal instruments forming the WTO are to interact with each other. In view of the Appellate Body (AB) report on China - Publications and Audiovisual Products, this article examines the relationship between GATT Article XX exceptions and WTO covered agreements outside GATT 1994.
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Huang, Chieh. "Exempting and Justifying Covid-19 Related Export Restrictions Under WTO Law." Legal Issues of Economic Integration 48, Issue 2 (May 1, 2021): 201–22. http://dx.doi.org/10.54648/leie2021016.
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WTO Members have adopted various trade-related measures under their domestic laws in response to the outbreak of Covid-19. The article discusses ways to exempt or justify quantitative export restrictions or bans which are in principle prohibited by Article XI:1 GATT.To this end, it sheds a light on the different scopes and requirements of Article XI:2 (a), Article XX (b) and ( j) GATT, as well as of Article XXI (b) (iii) GATT. The article finds that the GATT provides a solid legal framework for both the exemption and justification for Covid-19 related trade measures; additionally, it raises the question of whether Article XXI (b) (iii) GATT likewise provides an appropriate legal basis to justify Covid-19 related trade restrictions. Covid-19, pandemic and trade, export restrictions, WTO exceptions, national security
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YING, LIU. "The Applicability of Environmental Protection Exceptions to WTO-Plus Obligations: In View of the China – Raw Materials and China – Rare Earths Cases." Leiden Journal of International Law 27, no. 1 (January 24, 2014): 113–39. http://dx.doi.org/10.1017/s0922156513000666.
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AbstractRecently, two disputes involving China's WTO-plus obligations have attracted great attention: China – Raw Materials and China – Rare Earths. In China – Raw Materials, China resorted to WTO environmental protection exceptions to justify its violation of the export duty elimination obligation outlined in paragraph 11.3 of the Protocol on the Accession of the People's Republic of China, which is clearly a WTO-plus obligation. However, China's recourse was rejected by the panel and then by the Appellate Body, as will probably happen in China – Rare Earths. This article looks into the interpretation and finding of the applicability matter in the DSB reports in China – Raw Materials and further discusses the general applicability issue of environmental protection exceptions to the violation of WTO-plus obligations. As rebuttal to the DSB reports, this article argues that omissions or silence in paragraph 11.3 do not necessarily mean rights waiver, especially when the right involved is the essential right to justify the violation pursuant to environmental protection exceptions provided in Article XX(b) and (g) of the GATT. Also, it is illogical to refer to GATT generally when the WTO-plus obligation in paragraph 11.3 does not have any corresponding rules in GATT. More generally, with consideration of the nature of the environmental protection exceptions in Article XX and the conclusion process of the Protocol, as well as with consideration of the sustainable development objective of the WTO and the politically sensitive matters concerned in China – Raw Materials, China should not be deprived of the right to defend its violation of the export duty obligation in China – Raw Materials. Although the discussion in this article is mainly based on China's WTO-plus obligations, its reasoning may also be extensively applied to that of other acceding members if suitable.
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Wiseman, Stanley Frederic. "Communist Ideology and the Substance Abuser: A Peripatetic Look at the Use of the Medical Paradigm to Oppress Political Deviants." Journal of Drug Issues 15, no. 2 (April 1985): 247–61. http://dx.doi.org/10.1177/002204268501500206.
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In Russia, as in the United States, there has been such a whole-hearted acceptance of the medical model in regard to deviance in general and substance abuse in particular that it can be categorized as a Kuhnian paradigm. A Russian deviant is labeled as either sick, crazy, or a parasitic counter-revolutionary. In the United States, the deviant can be either sick, mentally ill, or a politically-active ethnic or minority group member. The difference in treatment varies only slightly with the political system. Yet in both the United States and Russia the various medical treatments have been generally found to be unproductive in reducing recidivism. And, just as in the United States, the Russians have developed their own aversion therapy, which to a certain extent is based on the moralistic belief that a “true” Soviet man or woman should not drink to excess, take drugs, or hunt the rare Amanita mushroom. There is a difference, however, in the approaches of the two countries: in the United States, with some exceptions, aversion therapy for substance abuse requires the prior permission of the patient. In Russia, it is often administered by the security police as part of the campaign against “parasites” and “hooligans.” Offenders who fail to respond to medical treatment may be sent to a mental institution, or-if truly unresponsive-may be deported to work on the state farms in frontier provinces. In the United States, they are often merely returned to the streets.
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WEISS, WOLFGANG. "Security and predictability under WTO law." World Trade Review 2, no. 2 (July 2003): 183–219. http://dx.doi.org/10.1017/s1474745603001423.
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This article focuses on the interpretation and application of law in WTO dispute settlement from the angle of legal certainty and predictability. An analysis of the interpretation of WTO law shows that in general it does not differ from the interpretation of other public international law as interpretative rules well known in international law are applied. This together with the consistence provided by the respect of earlier panel and Appellate Body reports safeguard legal certainty. Furthermore, legal certainty and predictability requires clarity in the law applicable in WTO dispute settlement, in particular as regards non-WTO law. It will be shown that apart from peremptory norms of public international law (ius cogens), the relevance of international law outside WTO law is limited. Non-WTO treaty law must not be applied except if referred to by WTO law or incorporated therein. Apart from that international law of any kind can only be considered when interpreting WTO law. In certain circumstances this applies even to non-WTO treaty law to which not all WTO members are parties. Due to the as yet limited importance of non-WTO law, legal certainty and predictability also depend on the issue of conflict of norms, which also is relevant as far as the interrelationship of the different WTO agreements is concerned. In this regard predictability and legal certainty cannot be fully reached.
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Bartels, Lorand. "The Chapeau of the General Exceptions in the WTO GATT and GATS Agreements: A Reconstruction." American Journal of International Law 109, no. 1 (January 2015): 95–125. http://dx.doi.org/10.5305/amerjintelaw.109.1.0095.
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One of the most important issues in the law of the World Trade Organization is the right of WTO members to adopt measures for nontrade purposes. In the WTO’s General Agreement. on Tariffs and Trade (GATT 1994) and General Agreement on Trade in Services (GATS), this right is secured in general exceptions provisions, which permit WTO members to adopt measures to achieve certain objectives, notwithstanding any other provisions of these agreements and also, in some cases, other WTO agreements. These objectives include, most importantly, the protection of public morals, the maintenance of public order, the protection of human, animal, or plant life or health, the enforcement of certain domestic laws, and the conservation of exhaustible natural resources.
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Nantawaroprai, Dolnapa. "Principles of Non-Discrimination against Trading State Party of Powerful Country on the basis of World Trade Organization “Case Study Banning Thai Coconut Products”." Psychology and Education Journal 58, no. 1 (January 29, 2021): 1364–68. http://dx.doi.org/10.17762/pae.v58i1.913.
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The principle of Non-discrimination of the World Trade Organization (WT0) aims to provide fairness to all member countries by means of the Most Favored Nations Treatment and National Treatment under the General Agreement of Trade and Tariffs (GATT). Accordingly, the free trade has been promoted in all regions of the world. However, many WTO members resort to take advantage of general exceptions to the non-discriminatory practice by invoking Article XX of WTO in disguise, thus affecting the free trade principle of WTO.
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Altemöller, Frank. "WTO Appellate Body Without Legitimacy?: The Criticism of the Dispute Settlement System and the Response of the WTO Member States." Global Trade and Customs Journal 16, Issue 4 (April 1, 2021): 139–48. http://dx.doi.org/10.54648/gtcj2021015.
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Is there any practical value to international agreements without enforcement instruments? And can the multilateral rules of the world trade system hold the trust of the Member States, so that they continue to adhere to the mutual benefits and obligations under WTO law – even if the WTO dispute settlement system is totally or even partially incapacitated? One of the key achievements of the Uruguay Round was that the Member States provided the world trade system with a dispute settlement system. However, this is increasingly being challenged: last December, the USA continued to withhold its consent for the required replacement of vacant positions, thus rendering the WTO Appellate Body indefinitely unable to carry out its function. The report by the US Trade Representative seeks to justify this with a central statement claiming that the Appellate Body lacks legitimacy. This article discusses the different viewpoints on the future shape of WTO dispute settlement. The author argues that the causes of the ‘blockade’ in WTO dispute settlement are not, as some parties maintain, deficiencies in the dispute settlement system and its practice. Rather, the ‘blockade’ should be viewed as the result of causes outside of the dispute settlement process itself. In a radically changed political and trade environment, an increasingly important view is becoming established, according to which the current world trade system, with its multilateral liberalization concept, is less and less able to satisfy significant economic interests of important Member States. Consequently, the WTO is receiving ever diminishing support – but is there any sign that changing the multilateral framework will allow it to adapt to the changing conditions? World Trade System, Multilateralism, Appellate Body, Dispute Settlement, US Trade Representative, Blockade, Dispute Settlement Body, Rules and Procedures Governing the Settlement of Disputes, China, Emerging Countries, Belt and Road Initiative, Biden-Presidency, WTO Security Exceptions,
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Keene, Amelia. "The Incorporation and Interpretation of WTO-Style Environmental Exceptions in International Investment Agreements." Journal of World Investment & Trade 18, no. 1 (January 24, 2017): 62–99. http://dx.doi.org/10.1163/22119000-12340031.
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This article presents a recent study of the incorporation of general environmental exceptions – modelled on GATT Art XX or GATS Art XIV – in international investment agreements (IIAs), as based on a survey of 113 IIAs signed between 2010 and 2015. It uses the results of this survey to argue that the jurisprudence of the WTO cannot be assumed to offer a definitive interpretation of such exceptions, instead assessing how variations in the text and context of the general environmental exceptions in IIAs might limit or broaden the scope of the protected environmental policy space, and arguing for a treaty-by-treaty approach in terms of interpretation.
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Dias, Anna, Stéphanie Seeuws, and Agnieszka Nosowicz. "EU Border Carbon Adjustment and the WTO: Hand in Hand Towards Tackling Climate Change." Global Trade and Customs Journal 15, Issue 1 (January 1, 2020): 15–23. http://dx.doi.org/10.54648/gtcj2020004.
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The new EU leadership has set ambitious goals for reducing global CO2 emissions through, among others, the implementation of a border carbon adjustment (BCA). The adoption of a BCA by the EU will be controversial, internally and externally, and likely to be challenged before the WTO. It is therefore key to ensure that this mechanism is structured carefully, so as to ensure its consistency with WTO rules. This article focuses specifically on the WTO provisions that would affect the design of a BCA. Although many aspects remain speculative, as existing case law provides little clarity on how WTO rules might be interpreted regarding BCAs, some general prescriptions for a WTO-compatible EU BCA can be identified. In the eventuality that the BCA would be found to be inconsistent with the EU’s substantive obligations under the GATT, exceptions are provided by the WTO which could justify any potential conflict with GATT provisions. Border carbon adjustment, WTO, Article XX GATT, climate change, non-discrimination principle
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Jung, Nu-Ri. "A Study on the Applicability of Security Exceptions under Article XXI of the GATT to the WTO SCM Agreement." Jeonbuk Law Review 66 (September 30, 2021): 411–50. http://dx.doi.org/10.56544/jblr.2021.09.66.411.
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Guan, Wenwei. "How General Should the GATT General Exceptions Be?: A Critique of the Common Intention Approach of Treaty Interpretation." Journal of World Trade 48, Issue 2 (April 1, 2014): 219–58. http://dx.doi.org/10.54648/trad2014009.
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Through an analysis of the general exception jurisprudence in China-Raw Materials, this paper offers a critique of the 'common intention' approach of treaty interpretation that asserts members' common intentions via the Vienna Convention as the customary interpretative rules. As the paper will reveal, misled by the confusion developed previously on China's trading rights commitments, the Panel and Appellate Body failed to recognize the unforeseeable nature of general exceptions. Beginning with a misinterpretation of how an accession protocol forms 'an integral part of the WTO Agreement', the common intention approach carries a clear judicial activist tendency. Moreover, this activist approach reveals an 'origin-seeking retrospective' mechanism that locates 'common intentions' statically at the founding moment of the treaty framework, causing a failure to apply the contingency measures that balance the rigidity of the regime. The approach's failure to acknowledge differences and flexibility further undermines WTO legitimacy. Its contractarian obsession with 'common intentions' as a quest for legitimate consent fails on its own terms. This paper therefore calls for extreme caution to be applied to the 'common intention' approach and its judicial activism tendency, to allow a more dynamic understanding of evolving 'common intentions' that ensures future growth of the WTO regime.
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Geofrey, Mahoro Jean Claude, and Kholis Roisah. "Patenting Deal in Indonesia, Article 20 of The Patent Law in The Political Perspective of International Trade Law." LAW REFORM 16, no. 1 (March 27, 2020): 19–31. http://dx.doi.org/10.14710/lr.v16i1.30302.
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The research at hand analyses the legal foundation of Article 20 of the Indonesian Patent Law No 13 of 2016. It assesses its conformity with the WTO Agreements known as the Uruguay Round, specifically the TRIPS Agreement. Those agreements have a character of ‘hard law,’ which compels all the WTO Members to be bound by them. Patent law and other Intellectual Property Rights (IPRs), any WTO Member must implement the minimum standards stipulated under the TRIPS Agreement in its national legal system without discrimination. In this light, Indonesia, as a WTO member since 1994, must comply with all WTO Agreements,. Therefor, it made various law reforms in the protection of IPRs. However, the Patent Law raised a debate that it contradicts the principles of international trade law as it embodies a discriminatory provision that only safeguards the people of Indonesia. As a result, the present found that, based on limited exceptions stipulated in the TRIPS and the Paris Convention, Indonesia did not violate the TRIPS as it applied a given leeway for implementing the TRIPS Agreement in a domestic context. Thus, it had reasonable grounds to secure its nationals’ mutual interest without violating general provisions and principles stipulated in the WTO Agreements.