North American Conference on International Economic Law

Friday, September 21, 2018 - 1:15 PM to Saturday, September 22, 2018 - 5:30 PM
McGill University Faculty of Law, 3644 Peel Street, Montreal, Canada
Private Event: Conference
Sep 21

Participation in this event is by invitation only

CIGI is pleased to participate in the panel discussion titled Essential Security or Bare Bones Protectionism at the North American Conference on International Law.

There has long been a debate on whether the national security exception in Article XXI of the GATT is self-judging—in other words, that only each country can judge what its essential security interests are—or whether a dispute settlement panel and the WTO Appellate Body can exercise jurisdiction over a dispute concerning measures that restrict international trade on the basis that it affects a Member’s essential security interests and determine whether it does or not. This question has not been addressed by WTO panels or the Appellate Body and a measure of restraint, prudence and good sense of WTO Members has avoided putting the argument to the test.


Hugo Perezcano-Diaz, Deputy Director of International Economic Law, Centre for International Governance Innovation

David Gantz, Senior Fellow, Centre for International Governance Innovation

Jennifer Hillman, Professor, Georgetown University Law School