GATT Article XXI(b) is not entirely self-judging

E353569

GATT Article XXI(b) is not entirely self-judging is a legal interpretation, clarified in the WTO dispute Russia – Measures Concerning Traffic in Transit, which establishes that WTO panels can review whether a member’s invocation of the national security exception meets certain objective requirements.

All labels observed (2)

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Statements (40)

Predicate Object
instanceOf WTO legal interpretation
interpretation adopted in WTO dispute settlement
interpretation of GATT Article XXI
interpretation of the GATT national security exception
appliesTo GATT 1994
WTO members invoking national security to justify trade restrictions
basedOn Article 31 of the Vienna Convention on the Law of Treaties
interpretation of the ordinary meaning, context and object and purpose of GATT Article XXI
clarifiedBy WTO panel in Russia – Measures Concerning Traffic in Transit
clarifiedIn WTO dispute Russia – Measures Concerning Traffic in Transit
concerns limits on abuse of the national security exception
scope of deference to members’ assessment of their essential security interests
contrastsWith view that GATT Article XXI(b) is completely self-judging
developedIn WTO dispute settlement jurisprudence
panel report in Russia – Measures Concerning Traffic in Transit
forum WTO dispute settlement system
World Trade Organization
implies WTO panels retain jurisdiction over Article XXI(b) invocations
existence of objective elements in the national security exception
members cannot unilaterally shield measures from WTO review by invoking national security
interpretiveConsequence distinction between subjective and objective elements of Article XXI(b)
members have some discretion but not complete autonomy under Article XXI(b)
jurisdictionalConsequence panels decide whether they have competence to review Article XXI(b) invocations
legalEffect WTO panels can assess whether the conditions for invoking Article XXI(b) are met
WTO panels can examine whether measures are taken for the protection of essential security interests
linked to: WTO panels

WTO panels can examine whether measures are taken in time of war or other emergency in international relations
linked to: WTO panels

WTO panels can examine whether measures fall within the subparagraphs of Article XXI(b)
WTO panels may review a member’s invocation of GATT Article XXI(b)
a member’s discretion under GATT Article XXI(b) is not unlimited
national security exception under GATT Article XXI(b) is subject to objective review
relatedConcept abuse of rights in international economic law
good faith in treaty performance
self-judging clauses in international treaties
relatesTo Article XXI(b) of the General Agreement on Tariffs and Trade 1994
national security exception under the GATT 1994
subjectOf academic commentary on WTO national security jurisprudence
policy debates on security exceptions in trade agreements
timePeriod clarified in 2019 panel report in Russia – Measures Concerning Traffic in Transit
usedIn WTO legal scholarship on national security and trade
arguments in WTO disputes involving national security justifications

How these facts were elicited

Referenced by (2)

Full triples — surface form annotated when it differs from this entity's canonical label.

Russia – Measures Concerning Traffic in Transit (DS512) keyFinding GATT Article XXI(b) is not entirely self-judging
GATT Article XXI(b) is not entirely self-judging legalEffect WTO panels can examine whether measures fall within the subparagraphs of Article XXI(b)
linked to: GATT Article XXI(b) is not entirely self-judging