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Separating the Political from the Economic: The Russia–Traffic in Transit Panel Report

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  • Crivelli, Pramila
  • Pinchis-Paulsen, Mona

Abstract

This paper reviews the World Trade Organization (WTO) Panel Report Russia – Measures Concerning Traffic in Transit of April 2019. It constitutes the first attempt to disentangle the legal and political aspects related to the invoked essential security interests from the economic considerations underlying the measures imposed on the transit through Russia of goods exported from Ukraine to the Republic of Kazakhstan and Kyrgyzstan. One the one hand, the panel's interpretation of Article XXI of the GATT denies Members unilateral determination over security exceptions. It further enables a pathway for future WTO panels to review possible abuses of security exceptions – a growing concern due to the rising complexity of transnational economic relations. On the other hand, our economic analysis suggests a stricter assessment of Russia's transit restrictions was necessary. In particular, it argues that the panel adopted a circular assessment when considering the plausibility of whether Russia implemented its measures for the protection of its essential security interests at a time of emergency in international relations. Ultimately, although the panel's focus on finding a diplomatic and legal path forward failed economic scrutiny a legal assessment argues that the panel's findings fit the legal design of Article XXI:b of the GATT.

Suggested Citation

  • Crivelli, Pramila & Pinchis-Paulsen, Mona, 2021. "Separating the Political from the Economic: The Russia–Traffic in Transit Panel Report," World Trade Review, Cambridge University Press, vol. 20(4), pages 582-605, October.
    • Handle: RePEc:cup:wotrrv:v:20:y:2021:i:4:p:582-605_16
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    1. Irwin,Douglas A. & Mavroidis,Petros C. & Sykes,Alan O., 2008. "The Genesis of the GATT," Cambridge Books, Cambridge University Press, number 9780521515610, July.
    2. Van den Bossche,Peter & Zdouc,Werner, 2017. "The Law and Policy of the World Trade Organization," Cambridge Books, Cambridge University Press, number 9781107157989, December.
    3. Van den Bossche,Peter & Zdouc,Werner, 2017. "The Law and Policy of the World Trade Organization," Cambridge Books, Cambridge University Press, number 9781316610527, Enero-Abr.
    4. McKenzie,Francine, 2020. "GATT and Global Order in the Postwar Era," Cambridge Books, Cambridge University Press, number 9781108494892, December.
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    Cited by:

    1. Bernard M. Hoekman & Petros C. Mavroidis & Douglas R. Nelson, 2023. "Geopolitical competition, globalisation and WTO reform," The World Economy, Wiley Blackwell, vol. 46(5), pages 1163-1188, May.
    2. Pinchis-Paulsen, Mona Paulsen & Saggi, Kamal & Mavroidis, Petros C., 2024. "The National Security Exception at the WTO: should it just be a matter of when members can avail of it? What about how?," LSE Research Online Documents on Economics 121352, London School of Economics and Political Science, LSE Library.

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    JEL classification:

    • L81 - Industrial Organization - - Industry Studies: Services - - - Retail and Wholesale Trade; e-Commerce

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