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WTO security exceptions in practice and scholarshipcurtailing "trump cards" through proportionality /

Record Type:	Electronic resources : Monograph/item
Title/Author:	WTO security exceptions in practice and scholarshipby Erich Vranes.
Reminder of title:	curtailing "trump cards" through proportionality /
Author:	Vranes, Erich.
Published:	Cham :Springer Nature Switzerland :2023.
Description:	viii, 70 p. :ill., digital ;24 cm.
Contained By:	Springer Nature eBook
Subject:	International economic relationsLaw and legislation.
Online resource:	https://doi.org/10.1007/978-3-031-36702-1
ISBN:	9783031367021$q(electronic bk.)

WTO security exceptions in practice and scholarshipcurtailing "trump cards" through proportionality /
Vranes, Erich.

WTO security exceptions in practice and scholarshipcurtailing "trump cards" through proportionality /[electronic resource] :by Erich Vranes. - Cham :Springer Nature Switzerland :2023. - viii, 70 p. :ill., digital ;24 cm. - SpringerBriefs in law,2192-8568. - SpringerBriefs in law..

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.

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.

ISBN: 9783031367021$q(electronic bk.)

Standard No.: 10.1007/978-3-031-36702-1doiSubjects--Corporate Names:

189697
World Trade Organization.
Subjects--Uniform Titles:

General Agreement on Tariffs and Trade
(1947)Subjects--Topical Terms:

961628
International economic relations
--Law and legislation.

LC Class. No.: K3820

Dewey Class. No.: 343.07

WTO security exceptions in practice and scholarshipcurtailing "trump cards" through proportionality /
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520 $a 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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