14 Feb 2019
Adjudication of the GATT security clause: to be or not to be, this is the question
WTI Working Paper 01/2019 by Iryna Bogdanova discusses whether WTO tribunals have jurisdiction over the security clause and whether the clause is justiciable.
Amidst the severe crisis the WTO’s crown jewel is facing these days, the WTO tribunals are confronted with another perplexed matter – adjudication of the security exception. In a number of the ongoing disputes the parties invoked national security to justify their trade-restrictive measures. The interpretation of the security exception raises a number of vexed questions. Before delving into the discussion of the interpretative intricacies, it is prudent to inquire whether the WTO tribunals have jurisdiction over the security clause and if it is justiciable.