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Does the Frequent Invocation of the National Security Exception Render WTO Disciplines Meaningless? Exploring Viable Options Under the Current WTO Dispute Settlement Mechanism

In: Geopolitical Risks and Geoeconomics in International Economic Law

Author

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  • Tomohiko Kobayashi

    (Otaru University of Commerce)

Abstract

This article asks whether frequent invocation of the national security exception—especially by the United States—renders WTO disciplines meaningless amid Appellate Body paralysis. Despite U.S.’ insistence that GATT Article XXI is wholly self-judging and its use of “appeals into the void,” the article argues WTO disciplines retain normative significance: panel proceedings continue to function, unadopted reports carry persuasive weight, and alternative dispute-resolution mechanisms remain available. It concludes that safeguarding the WTO's effectiveness requires drawing upon the full range of existing procedures rather than excluding security matters from all forms of discipline.

Suggested Citation

  • Tomohiko Kobayashi, 2026. "Does the Frequent Invocation of the National Security Exception Render WTO Disciplines Meaningless? Exploring Viable Options Under the Current WTO Dispute Settlement Mechanism," Economics, Law, and Institutions in Asia Pacific, in: Junji Nakagawa & Taro Hamada & Yoshimichi Ishikawa (ed.), Geopolitical Risks and Geoeconomics in International Economic Law, chapter 8, pages 139-148, Springer.
    • Handle: RePEc:spr:eclchp:978-981-95-6996-0_8
    DOI: 10.1007/978-981-95-6996-0_8
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