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NACIONALINIO SAUGUMO IŠIMTIES SAMPRATA IR TAIKYMO YPATUMAI PASAULIO PREKYBOS ORGANIzACIJOS TEISĖJE.

Authors :
Ališauskas, Raimondas
Source :
Jurisprudence / Jurisprudencija. 2021, Vol. 28 Issue 1, p97-113. 17p.
Publication Year :
2021

Abstract

This article provides a detailed overview of the national security excep- tions within the legal system of the World Trade Organization (WTO). The topic sparks new debate among practitioners and scholars because international trade faces a grow- ing number of restrictions when states justify their actions on the grounds of national security, although such actions sometimes hide not only political but also commercial interests of individual governments and several sectors of the economy. The mentioned examples include trade restrictions related to the Russia–Ukraine conflict, the conflict of Qatar with Saudi Arabia, the UAE and several other countries in the region, and deci- sions by the US president on additional import duties on steel and aluminium. Therefore, it should come as no surprise that the resolution of these international trade restrictions is shifting from diplomatic formats to ad hoc litigation under WTO dispute settlement procedures. The first ruling in the history of the WTO in a case con- cerning the application of the national security exception came to pass in the case of Rus- sia – Transit Traffic (Ukraine) on 26 April 2019, following the adoption of the arbitra- tion panel report by the WTO Dispute Settlement Body. This ruling fills a gap in WTO jurisprudence, which is wide enough on many other issues of international trade law. In addition to the content of specific legal provisions, this article analyzes the lat- est WTO dispute settlement proceedings, which look into the application of national security exceptions. This article also aims to answer the question of the legitimacy of application of national security exemptions, and to define the scope of national security exceptions in international trade law. [ABSTRACT FROM AUTHOR]

Details

Language :
Lithuanian
ISSN :
13926195
Volume :
28
Issue :
1
Database :
Academic Search Index
Journal :
Jurisprudence / Jurisprudencija
Publication Type :
Academic Journal
Accession number :
151886979
Full Text :
https://doi.org/10.13165/JUR-21-28-1-05