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.

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

Autorentext

Erich Vranes is professor of international law, European law, public law and international economic law at the Vienna University of Economics and Business. He is recognised for international publications in international economic law and European law, which is the focus of this book proposal. His other research areas include fundamental questions of international law, systemic issues of international economic law, and legal methodology. Many of his papers have been published by leading international publishers (e.g. Oxford University Press) and international top journals (e.g. European Journal of International Law, Journal of International Economic Law, Journal of World Trade). Professor Vranes has received several research awards as well as the APART scholarship of the Austrian Academy of Sciences. Professor Vranes 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.

Inhalt

1 Introduction.- 2 (Geo-)Political Background: From Interdependence to Permanent Exceptionalism?.- 3 The Security Exceptions in the GATT and TRIPS as Interpreted and Applied.- 4 Methodological Aspects: Curtailing Trump Cards through Good Faith and Proportionality?.- 5 Concluding Remarks.