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.

All labels observed (4)

Label Occurrences
Article XXI(c) 2
Article XXI (Security Exceptions) canonical 1
Article XXI(a) 1

How this entity was disambiguated

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
surface form: Marrakesh Agreement Establishing the World Trade Organization via GATT 1994
constrains use of national security as a justification for trade restrictions
contains Article XXI (Security Exceptions) self-linksurface differs
surface form: Article XXI(a)

Article XXI(b)
Article XXI (Security Exceptions) self-linksurface differs
surface form: 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
surface form: World Trade Organization law
linkedTo concept of essential security interests in international law
partOf General Agreement on Tariffs and Trade
surface form: GATT 1994

General Agreement on Tariffs and Trade
surface form: 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)
surface form: 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

How these facts were elicited

Referenced by (5)

Full triples — surface form annotated when it differs from this entity's canonical label.

General Agreement on Tariffs and Trade hasPart Article XXI (Security Exceptions)
Article XXI (Security Exceptions) contains Article XXI (Security Exceptions) self-linksurface differs
this entity surface form: Article XXI(a)
Article XXI (Security Exceptions) contains Article XXI (Security Exceptions) self-linksurface differs
this entity surface form: Article XXI(c)
GATT 1994 Article XXI containsParagraph Article XXI (Security Exceptions)
this entity surface form: Article XXI(c)
GATT 1994 Article XXI containsParagraph Article XXI (Security Exceptions)
this entity surface form: Article XXI(d)