Article XXI (Security Exceptions)
E13582
Article XXI (Security Exceptions) is a provision of the GATT that allows WTO members to take trade-restrictive measures they deem necessary for the protection of their essential security interests.
Aliases (2)
- Article XXI(a) ×1
- Article XXI(c) ×1
Statements (44)
| Predicate | Object |
|---|---|
| instanceOf |
GATT provision
→
security exceptions clause → |
| addresses |
tension between trade liberalization and national security
→
|
| adoptedIn |
1947
→
|
| allows |
measures members deem necessary for essential security interests
→
|
| appliesTo |
WTO members
→
|
| centralIssueIn |
Qatar – Certain Measures Concerning Goods and Services from the United Arab Emirates (DS526)
→
Russia – Measures Concerning Traffic in Transit (DS512) → Saudi Arabia – Measures Concerning the Protection of Intellectual Property Rights (DS567) → |
| codifiedIn |
Marrakesh Agreement Establishing the World Trade Organization via GATT 1994
→
|
| constrains |
use of national security as a justification for trade restrictions
→
|
| contains |
Article XXI(a)
→
Article XXI(b) → Article XXI(c) → Article XXI(d) → Article XXI(e) → |
| controversy |
risk of abuse for protectionist purposes
→
|
| debate |
scope of members’ discretion in invoking security exceptions
→
self-judging nature of essential security interests → |
| effect |
permits trade-restrictive measures
→
|
| field |
international economic law
→
international trade law → |
| influences |
design of security exceptions in later trade agreements
→
|
| interpretedBy |
WTO Appellate Body
→
WTO panels → |
| invocableBy |
any WTO member state
→
|
| languageCharacterization |
security exceptions shall not be construed to prevent a member from taking certain measures
→
|
| legalNature |
exception to GATT obligations
→
|
| legalStatus |
binding on all WTO members
→
|
| legalSystem |
World Trade Organization law
→
|
| linkedTo |
concept of essential security interests in international law
→
|
| partOf |
GATT 1994
→
General Agreement on Tariffs and Trade 1947 → |
| providesExceptionFor |
disclosure of information contrary to a member’s essential security interests
→
measures relating to fissionable materials → measures relating to traffic in arms, ammunition and implements of war → measures taken in time of war or other emergency in international relations → |
| purpose |
to allow members to protect their essential security interests
→
|
| relatedTo |
Article XX (General Exceptions) of GATT
→
|
| requires |
good faith in invocation by members
→
|
| requiresInterpretationInLightOf |
principle of good faith under public international law
→
|
| scope |
measures affecting trade in goods under GATT
→
|
| subjectMatter |
security exceptions in international trade
→
|
| usedFor |
national security–motivated trade measures
→
|
Referenced by (3)
| Subject (surface form when different) | Predicate |
|---|---|
|
Article XXI (Security Exceptions)
("Article XXI(a)")
→
Article XXI (Security Exceptions) ("Article XXI(c)") → |
contains |
|
General Agreement on Tariffs and Trade
→
|
hasPart |