The Security Exception In WTO Law: Entering a New Era

For seventy years, the security exception in the multilateral trade regime has mostly lain dormant. The exception first appeared in the General Agreement on Tariffs and Trade 1947 (GATT 1947), before being incorporated in the General Agreement on Tariffs and Trade 1994 (GATT 1994) upon the creation...

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Main Author: Tania Voon
Format: Article
Language:English
Published: Cambridge University Press 2019-01-01
Series:AJIL Unbound
Online Access:https://www.cambridge.org/core/product/identifier/S2398772319000035/type/journal_article
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author Tania Voon
author_facet Tania Voon
author_sort Tania Voon
collection DOAJ
description For seventy years, the security exception in the multilateral trade regime has mostly lain dormant. The exception first appeared in the General Agreement on Tariffs and Trade 1947 (GATT 1947), before being incorporated in the General Agreement on Tariffs and Trade 1994 (GATT 1994) upon the creation of the World Trade Organization (WTO). However, security exceptions also exist in several other WTO provisions, including the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) and the General Agreement on Trade in Services (GATS). Until recently, perhaps through a combination of WTO member restraint and fortuitous circumstances, WTO panels have not had to make a definitive ruling on the meaning and scope of these exceptions. Yet, suddenly, the security exception lies at the center of multiple explosive disputes, posing a potential threat to the WTO's very existence.
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spelling doaj.art-0e9ff4f935ed461c83333002753a4e672023-03-09T12:27:09ZengCambridge University PressAJIL Unbound2398-77232019-01-01113455010.1017/aju.2019.3The Security Exception In WTO Law: Entering a New EraTania Voon0Professor, Melbourne Law School, University of Melbourne.For seventy years, the security exception in the multilateral trade regime has mostly lain dormant. The exception first appeared in the General Agreement on Tariffs and Trade 1947 (GATT 1947), before being incorporated in the General Agreement on Tariffs and Trade 1994 (GATT 1994) upon the creation of the World Trade Organization (WTO). However, security exceptions also exist in several other WTO provisions, including the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) and the General Agreement on Trade in Services (GATS). Until recently, perhaps through a combination of WTO member restraint and fortuitous circumstances, WTO panels have not had to make a definitive ruling on the meaning and scope of these exceptions. Yet, suddenly, the security exception lies at the center of multiple explosive disputes, posing a potential threat to the WTO's very existence.https://www.cambridge.org/core/product/identifier/S2398772319000035/type/journal_article
spellingShingle Tania Voon
The Security Exception In WTO Law: Entering a New Era
AJIL Unbound
title The Security Exception In WTO Law: Entering a New Era
title_full The Security Exception In WTO Law: Entering a New Era
title_fullStr The Security Exception In WTO Law: Entering a New Era
title_full_unstemmed The Security Exception In WTO Law: Entering a New Era
title_short The Security Exception In WTO Law: Entering a New Era
title_sort security exception in wto law entering a new era
url https://www.cambridge.org/core/product/identifier/S2398772319000035/type/journal_article
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