Overview
- Provides in-depth analysis of the WTO security exceptions
- Analyses landmark WTO rulings on national security
- Contextualizes national security and security exceptions within today's “economic statecraft”
Part of the book series: SpringerBriefs in Law (BRIEFSLAW)
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About this book
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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Table of contents (5 chapters)
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Front Matter
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Back Matter
Authors and Affiliations
About the author
Erich Vranes is professor of international law, European law, public law and international economic law at the Vienna University of Economics and Business. He inter alia serves as head of the Institute for European and International Law and deputy head of Department at the Vienna University of Economics and Business. He is recognised for international publications in international economic law. His other research areas include fundamental questions of international law, European Law, international economic law, legal theory and legal methodology.
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Bibliographic Information
Book Title: WTO Security Exceptions in Practice and Scholarship
Book Subtitle: Curtailing “Trump Cards” through Proportionality
Authors: Erich Vranes
Series Title: SpringerBriefs in Law
DOI: https://doi.org/10.1007/978-3-031-36702-1
Publisher: Springer Cham
eBook Packages: Law and Criminology, Law and Criminology (R0)
Copyright Information: The Editor(s) (if applicable) and The Author(s), under exclusive license to Springer Nature Switzerland AG 2023
Softcover ISBN: 978-3-031-36701-4Published: 08 September 2023
eBook ISBN: 978-3-031-36702-1Published: 07 September 2023
Series ISSN: 2192-855X
Series E-ISSN: 2192-8568
Edition Number: 1
Number of Pages: VIII, 70
Topics: International Economic Law, Trade Law, International Security Studies