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