![]() ![]() Section (b) and (b)(iii) in particular are most relevant to the arguments made over the national security exception. ( c) to prevent any contracting party from taking any action in pursuance of its obligations under the United Nations Charter for the maintenance of international peace and security. (iii) taken in time of war or other emergency in international relations or ![]() (ii) relating to the traffic in arms, ammunition, and implements of war and to such traffic in other goods and materials as is carried on directly or indirectly for the purpose of supplying a military establishment (i) relating to fissionable materials or the materials from which they are derived (b) to prevent any contracting party from taking any action which it considers necessary for the protection of its essential security interests ![]() (a) to require any contracting party to furnish any information the disclosure of which it considers contrary to its essential security interests or Nothing in this Agreement shall be construed Q2: What does Article XXI of the GATT state?Ī2: Below is the plain text of the Article XXI of the GATT, but its meaning and how members can operationalize the exception was the central question of the Russia-Ukraine case and will likely be the main question in disputes involving U.S. view of the national security exception could inspire other countries to impose protectionist measures in the name of national security, while a ruling that limits a country’s ability to use the exception could be seen an unacceptable breach of national sovereignty, which would discredit the WTO and perhaps lead members such as the United States to withdraw from the body. There is concern that a ruling upholding the U.S. Observers of the WTO have long seen a dispute over Article XXI as a lose-lose proposition. The outcome of the Russia-Ukraine dispute offers a glimpse into how future WTO panels could handle other disputes involving the Article XXI national security exception, including the U.S. In fact, the Trump administration sided with Russia in the complaint brought by Ukraine for the same reason, despite backing Ukraine in the conflict there. The Trump administration, however, has an ironclad view that measures taken by members for the purposes of national security cannot be reviewed by a WTO dispute settlement panel. The European Union, Turkey, Switzerland, Russia, Norway, Mexico, Canada, India, and China have filed disputes against the United States at the WTO and claim that there is no legitimate or plausible national security rationale for the tariffs. Q1: Why does this dispute matter for the United States and the WTO overall?Ī1: The United States has invoked the WTO national security exception, laid out in Article XXI of the General Agreement on Tariffs and Trade (GATT), to justify its tariffs on steel and aluminum. Russia claimed it had adopted those measures in response to escalating events in Ukraine after political turmoil there in 2014. In the Russia-Ukraine dispute, Russia invoked the exception to justify measures that blocked trade between Ukraine, Kazakhstan, and the Kyrgyz Republic that transited through Russia. Central to the dispute was the so-called “national security exception,” which allows WTO members to breach their WTO obligations for purposes of national security. On April 5, 2019, a World Trade Organization (WTO) dispute settlement panel issued a landmark ruling in a dispute between Russia and Ukraine in which Russia claimed it had taken trade-restrictive measures for the purpose of protecting its national security. ![]()
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