GATT Article XXI(b) is not entirely self-judging
E353569
GATT Article XXI(b) is not entirely self-judging is a legal interpretation, clarified in the WTO dispute Russia – Measures Concerning Traffic in Transit, which establishes that WTO panels can review whether a member’s invocation of the national security exception meets certain objective requirements.
All labels observed (2)
How this entity was disambiguated
This entity first appeared as the object of triple T3379801 — resolving that mention is where its identity was fixed. The disambiguator weighed these candidate entities and picked the highlighted one (or “None”, minting a new entity). This is how homonymy is resolved: the same surface form can point to different entities.
Target entity: GATT Article XXI(b) is not entirely self-judging Context triple: [Russia – Measures Concerning Traffic in Transit (DS512), keyFinding, GATT Article XXI(b) is not entirely self-judging]
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A.
GATT Article XIX
GATT Article XIX is the safeguard provision in the General Agreement on Tariffs and Trade that allows countries to temporarily restrict imports to protect domestic industries from serious injury caused by sudden import surges.
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B.
Article XX of GATT 1994
Article XX of GATT 1994 is the general exceptions clause that allows WTO members to justify trade-restrictive measures that would otherwise violate GATT obligations, provided they meet specified conditions such as necessity and non-discrimination.
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C.
Article III of GATT 1994
Article III of GATT 1994 is a core provision of the WTO legal framework that establishes the national treatment obligation, requiring WTO members to treat imported products no less favorably than like domestic products in respect of internal taxation and regulation.
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D.
GATT dispute settlement system
The GATT dispute settlement system was the pre-1995 framework under the General Agreement on Tariffs and Trade for resolving trade disputes between member countries, characterized by weaker enforcement and more reliance on diplomatic negotiation than its WTO successor.
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E.
Agreement on Interpretation and Application of Articles VI, XVI and XXIII of the General Agreement on Tariffs and Trade
The Agreement on Interpretation and Application of Articles VI, XVI and XXIII of the General Agreement on Tariffs and Trade, often called the Subsidies Code, was a GATT-era multilateral treaty that clarified and disciplined the use of subsidies and countervailing measures in international trade before the establishment of the WTO.
- F. None of above. chosen
- G. Unsure - the case is ambiguous/there is not enough information to decide.
Target entity: GATT Article XXI(b) is not entirely self-judging Target entity description: GATT Article XXI(b) is not entirely self-judging is a legal interpretation, clarified in the WTO dispute Russia – Measures Concerning Traffic in Transit, which establishes that WTO panels can review whether a member’s invocation of the national security exception meets certain objective requirements.
-
A.
GATT Article XIX
GATT Article XIX is the safeguard provision in the General Agreement on Tariffs and Trade that allows countries to temporarily restrict imports to protect domestic industries from serious injury caused by sudden import surges.
-
B.
Article XX of GATT 1994
Article XX of GATT 1994 is the general exceptions clause that allows WTO members to justify trade-restrictive measures that would otherwise violate GATT obligations, provided they meet specified conditions such as necessity and non-discrimination.
-
C.
Article III of GATT 1994
Article III of GATT 1994 is a core provision of the WTO legal framework that establishes the national treatment obligation, requiring WTO members to treat imported products no less favorably than like domestic products in respect of internal taxation and regulation.
-
D.
GATT dispute settlement system
The GATT dispute settlement system was the pre-1995 framework under the General Agreement on Tariffs and Trade for resolving trade disputes between member countries, characterized by weaker enforcement and more reliance on diplomatic negotiation than its WTO successor.
-
E.
Agreement on Interpretation and Application of Articles VI, XVI and XXIII of the General Agreement on Tariffs and Trade
The Agreement on Interpretation and Application of Articles VI, XVI and XXIII of the General Agreement on Tariffs and Trade, often called the Subsidies Code, was a GATT-era multilateral treaty that clarified and disciplined the use of subsidies and countervailing measures in international trade before the establishment of the WTO.
- F. None of above. chosen
Statements (40)
| Predicate | Object |
|---|---|
| instanceOf |
WTO legal interpretation
ⓘ
interpretation adopted in WTO dispute settlement ⓘ interpretation of GATT Article XXI ⓘ interpretation of the GATT national security exception ⓘ |
| appliesTo |
General Agreement on Tariffs and Trade
ⓘ
surface form:
GATT 1994
WTO members invoking national security to justify trade restrictions ⓘ |
| basedOn |
Vienna Convention on the Law of Treaties
ⓘ
surface form:
Article 31 of the Vienna Convention on the Law of Treaties
interpretation of the ordinary meaning, context and object and purpose of GATT Article XXI ⓘ |
| clarifiedBy |
Russia – Measures Concerning Traffic in Transit (DS512)
ⓘ
surface form:
WTO panel in Russia – Measures Concerning Traffic in Transit
|
| clarifiedIn |
Russia – Measures Concerning Traffic in Transit (DS512)
ⓘ
surface form:
WTO dispute Russia – Measures Concerning Traffic in Transit
|
| concerns |
limits on abuse of the national security exception
ⓘ
scope of deference to members’ assessment of their essential security interests ⓘ |
| contrastsWith | view that GATT Article XXI(b) is completely self-judging ⓘ |
| developedIn |
WTO dispute settlement jurisprudence
ⓘ
Russia – Measures Concerning Traffic in Transit (DS512) ⓘ
surface form:
panel report in Russia – Measures Concerning Traffic in Transit
|
| forum |
WTO dispute settlement
ⓘ
surface form:
WTO dispute settlement system
World Trade Organization ⓘ |
| implies |
WTO panels retain jurisdiction over Article XXI(b) invocations
ⓘ
existence of objective elements in the national security exception ⓘ members cannot unilaterally shield measures from WTO review by invoking national security ⓘ |
| interpretiveConsequence |
distinction between subjective and objective elements of Article XXI(b)
ⓘ
members have some discretion but not complete autonomy under Article XXI(b) ⓘ |
| jurisdictionalConsequence | panels decide whether they have competence to review Article XXI(b) invocations ⓘ |
| legalEffect |
WTO panels can assess whether the conditions for invoking Article XXI(b) are met
ⓘ
WTO panels ⓘ
surface form:
WTO panels can examine whether measures are taken for the protection of essential security interests
WTO panels ⓘ
surface form:
WTO panels can examine whether measures are taken in time of war or other emergency in international relations
GATT Article XXI(b) is not entirely self-judging self-linksurface differs ⓘ
surface form:
WTO panels can examine whether measures fall within the subparagraphs of Article XXI(b)
WTO panels may review a member’s invocation of GATT Article XXI(b) ⓘ a member’s discretion under GATT Article XXI(b) is not unlimited ⓘ national security exception under GATT Article XXI(b) is subject to objective review ⓘ |
| relatedConcept |
abuse of rights in international economic law
ⓘ
good faith in treaty performance ⓘ self-judging clauses in international treaties ⓘ |
| relatesTo |
GATT 1994 Article XXI
ⓘ
surface form:
Article XXI(b) of the General Agreement on Tariffs and Trade 1994
national security exception under the GATT 1994 ⓘ |
| subjectOf |
academic commentary on WTO national security jurisprudence
ⓘ
policy debates on security exceptions in trade agreements ⓘ |
| timePeriod | clarified in 2019 panel report in Russia – Measures Concerning Traffic in Transit ⓘ |
| usedIn |
WTO legal scholarship on national security and trade
ⓘ
arguments in WTO disputes involving national security justifications ⓘ |
How these facts were elicited
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You are a knowledge base construction expert. Given a subject entity and a description of it, return factual statements that you know for the subject as a JSON list of dictionaries(triples), where keys must be "subject", "predicate" and "object". The number of facts may be very high, between 25 to 50 or more, for very popular subjects. For less popular subjects, the number of facts can be very low, like 5 or 10. # Requirements - If you don't know the subject at all, return an empty list. - If the subject is not a named entity, return an empty list. - Include at least one triple where predicate is "instanceOf". - Do not get too wordy. - Separate several objects into multiple triples with one object.
Subject: GATT Article XXI(b) is not entirely self-judging Description of subject: GATT Article XXI(b) is not entirely self-judging is a legal interpretation, clarified in the WTO dispute Russia – Measures Concerning Traffic in Transit, which establishes that WTO panels can review whether a member’s invocation of the national security exception meets certain objective requirements.
Referenced by (2)
Full triples — surface form annotated when it differs from this entity's canonical label.