Invocation of National Security Exceptions under GATT Article XXI: Jurisdiction to Review and Standard of Review

No. Panggil :	eja-21-0456
Nama Orang :	Wang, Cao






Penerbitan :	[Place of publication not identified] : Ebsco - NAtional Security and Crime, 2019

Info Lainnya

Entri Tambahan Nama Orang
Abstrak	The invocation of national security exceptions under Article XXI of the General Agreement on Tariffs and Trade (GATT) 1994 has long been viewed as self-judging. In the landmark case of Russia Measures Concerning Traffic in Transit, the panel of the WTO s dispute settlement body (DSB) addressed two important but previously considered ambiguous issues. First, the Panel confirmed its jurisdiction to review its members invocation of Article XXI of GATT 1994. Second, offering a detailed interpretation of Article XXI, especially paragraph (b) and its subparagraph (iii), the panel distinguished the objective requirements from the self-judging features, and held that it has the jurisdiction to determine whether the objective requirements of Article XXI have been satisfied when a member invokes the national security exception, and the member s discretion is also expected to be limited by its good faith obligation, which, as an established principle of international law, shall apply to both the member s definition of the essential security interests and its connection to the measures being taken.
001 Hak Akses (open/membership)	membership
Kata Kunci
ISSN
Tahun Terbit	2019
No. Induk	eja-21-0456
Entri Sumber Data	Ebsco - NAtional Security and Crime
Entri Utama Nama orang	Wang, Cao
Volume, Nomor, Tahun dan Hlm.	vol. 18, no. 3, p. 695-712
Barcode	eja-21-0456
Subjek Topik
Judul Utama	Invocation of National Security Exceptions under GATT Article XXI: Jurisdiction to Review and Standard of Review
Kode Bahasa	eng
Sumber Koleksi	Perpustakaan Nasional