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Russia-Ukraine War and WTO’s National Security Exception

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  • Prabhash Ranjan

Abstract

The Russian invasion of Ukraine is one of the most flagrant violations of international law in recent times. The Russian action has received global condemnation with various countries imposing sanctions on Russia. This article argues that concerning imposing trade sanctions against Russia, countries can rely on the national security exception in the World Trade Organization (WTO). The relevant legal provision in this regard is Article XXI of the General Agreements on Tariffs and Trade (GATT). The article undertakes a doctrinal analysis of GATT’s Article XXI. This analysis is conducted in the light of two WTO disputes—the Russia: Transit case and the Saudi Arabia: Intellectual Property case—that have interpreted the national security exception. The article argues that while the national security exception given in GATT’s Article XXI is not self-judging, countries will enjoy deference in determining their essential security interests. The article then applies this doctrinal understanding to the current Russia–Ukraine war. The current situation will fall under Article XXI, and countries can impose trade-restricting measures against Russia (such as suspension of the most-favoured-nation treatment) following Article XXI of GATT. JEL Codes: F13, F19, F52, F51

Suggested Citation

  • Prabhash Ranjan, 2023. "Russia-Ukraine War and WTO’s National Security Exception," Foreign Trade Review, , vol. 58(2), pages 246-258, May.
    • Handle: RePEc:sae:fortra:v:58:y:2023:i:2:p:246-258
    DOI: 10.1177/00157325221114586
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    References listed on IDEAS

    as
    1. Pinchis-Paulsen, Mona, 2020. "Trade multilateralism and U.S. National Security: the making of the GATT Security Exceptions," LSE Research Online Documents on Economics 105743, London School of Economics and Political Science, LSE Library.
    2. Shin-yi Peng, 2015. "Cybersecurity Threats and the WTO National Security Exceptions," Journal of International Economic Law, Oxford University Press, vol. 18(2), pages 449-478.
    Full references (including those not matched with items on IDEAS)

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    More about this item

    Keywords

    WTO; GATT; national security; Article XXI; essential security interest; Russia; Ukraine; war;
    All these keywords.

    JEL classification:

    • F13 - International Economics - - Trade - - - Trade Policy; International Trade Organizations
    • F19 - International Economics - - Trade - - - Other
    • F52 - International Economics - - International Relations, National Security, and International Political Economy - - - National Security; Economic Nationalism
    • F51 - International Economics - - International Relations, National Security, and International Political Economy - - - International Conflicts; Negotiations; Sanctions

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