GATT Article XXI, the Continuous Quest for Clarifying its Material Scope, and the WTO Panel Report on Russia - Measures concerning Traffic in Transit
Journal: Public and private international law bulletin
Year: 2019

<span style="color: rgb(0, 0, 0);">It has been witnessed - especially for the last couple of years - that several states have relied on GATT Article XXI (or the so-called the WTO national security exception) to derogate from their WTO obligations. GATT Article XXI states that contracting parties are not precluded from taking any action which they consider necessary for the protection of their essential national security interests. In turn, such an exception has raised difficult legal questions s