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.
General
Imprint: |
Springer International Publishing AG
|
Country of origin: |
Switzerland |
Series: |
SpringerBriefs in Law |
Release date: |
September 2023 |
Authors: |
Erich Vranes
|
Dimensions: |
235 x 155mm (L x W) |
Pages: |
63 |
Edition: |
1st ed. 2023 |
ISBN-13: |
978-3-03-136701-4 |
Categories: |
Books
|
LSN: |
3-03-136701-4 |
Barcode: |
9783031367014 |
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