WTO security exceptions: A landmark Panel report in times of crisis

The effect of the WTO dispute settlement crisis on the development of case law on national security exceptions: A critical scenario

1. Preliminary remarks The WTO dispute settlement system (DSS) is facing the most serious crisis since its inception. In December 2019 the term of two of the remaining three Appellate Body (AB) members expired. Under Rule 15 of the Working Procedures for Appellate Review, they continue to work on completing the disposition of appeals to...

The WTO Panel Report in Russia – Traffic in Transit: Cutting the Gordian Knot of the GATT Security Exception?

1. Introduction The security exception of the GATT 1994 was inserted into the original GATT 1947 and it was then reinstated in the GATT 1994 under Article XXI.[1] Starting from its negotiation history, the security exception of the GATT was riddled with debates over the meaning of some words like ‘essential security interests’ or ‘it...