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学术发表:Tatiana Lacerda Prazeres, Trade and National Security:Rising Risks for the WTO, WORLD TRADE REVIEW

Tatiana Lacerda Prazeres 对外经济贸易大学国家(北京)对外开放研究院高级访问学者 前世界贸易组织总干事高级顾问

 

Volume 19, Issue 1 January 2020 , pp. 137-148 Published online by Cambridge University Press: 14 February 2020
Abstract:The WTO is exposed to significant political risks deriving from both the abusive employment of the national security argument, as well as the use of the WTO dispute settlement system to address this problem. This article explores the implications of the first WTO panel decision, adopted in April 2019, in which the argument of ‘essential security interests’ was employed to justify trade restrictions. Article XXI of the GATT 1994 now tends to be invoked in other ongoing disputes, notably by the United States in the dispute settlement cases involving its barriers to steel and aluminum. The article argues that pathways other than WTO litigation should be explored to deal with trade barriers adopted under the argument of national security and, despite the absence of simple solutions, it considers some possible alternatives.

论文链接:

https://www.cambridge.org/core/journals/world-trade-review/article/trade-and-national-security-rising-risks-for-the-wto/65313280A6401BC26D7BA73FFC66C032?from=singlemessage&isappinstalled=0