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)

How this entity was disambiguated

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