EAN: 9783031367014

SPRINGERBRIEFS IN LAW WTO SECURITY EXCEPTIONS...

This book offers an in-depth analysis of the WTO security exceptions and relevant rulings by
WTO dispute settlement panels. The WTO security exceptions are commonly regarded as the box of
Pandora of the WTO system  since WTO Member States can invoke them in order to justify trade
restrictions violating WTO law which they consider necessary for their essential security
interests. The Members of the WTO and the GATT 1947 have hesitated for decades to rely on these
security exceptions. In recent years  however  these clauses have been invoked for the first
time in high-profile disputes involving Russia and Ukraine  Saudi Arabia and Qatar  as well as
the US  China  the EU and other nations. This has been regarded as the turn of an era in view
of the risk that the security exceptions could be instrumentalized to undermine the WTO and the
international economic governance system more generally. This study therefore thoroughly
analyses the WTO panel reports issued in these landmark cases. It also explains the
geopolitical relevance of the increasing invocation of security clauses and argues that the
legally and methodologically sound application of the WTO security exceptions  which have often
been regarded as self-judging provisions  requires a proportionality analysis encompassing
tests of the suitability and necessity of the trade measures to be justified under these truly
exceptional clauses.

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