The practice of the General Agreement on Tariffs and Trade (GATT)/World Trade Organization (WTO) is inconclusive on the issue of national security. From Nicaragua Embargo to China-Rare Earth, the key question of the security exceptions remains unanswered. The examination of Article XXI(b)(iii) in accordance with Articles 31 and 32 of the Vienna Convention on the Law of Treaties confirms that the security exception is not totally self-judging. This article argues that the principle of good faith can explain how far the self-judging power can go. After taking the potential dispute on Huawei as an occasion for exploring the trade implications of security measures, this article finds that fact-finding and evidence gathering are the most troubling aspect of application of such exceptions. The responding member invoking Article XXI(b) must reasonably classify cybersecurity as essential security interests in the context of an international relations emergency, and it must genuinely believe that cybersecurity regulations based solely upon where the suppliers headquarter is located in a globally connected world can contribute to the achievement of the countrys national security protection. After engaging in the two-stage exercises of the good faith test, this article maintains that there is a need for a WTO panel to actively intervene by seeking information from other governments or nongovernmental bodies, evaluating and weighing the evidence, carefully balancing rights and obligations constructed by the WTO Agreement, and establishing an appropriate trade regime to deal with cybersecurity threats.
Journal of International Economic Law – Oxford University Press
Published: Jun 23, 2015
It’s your single place to instantly
discover and read the research
that matters to you.
Enjoy affordable access to
over 18 million articles from more than
15,000 peer-reviewed journals.
All for just $49/month
Query the DeepDyve database, plus search all of PubMed and Google Scholar seamlessly
Save any article or search result from DeepDyve, PubMed, and Google Scholar... all in one place.
Get unlimited, online access to over 18 million full-text articles from more than 15,000 scientific journals.
Read from thousands of the leading scholarly journals from SpringerNature, Wiley-Blackwell, Oxford University Press and more.
All the latest content is available, no embargo periods.
“Hi guys, I cannot tell you how much I love this resource. Incredible. I really believe you've hit the nail on the head with this site in regards to solving the research-purchase issue.”Daniel C.
“Whoa! It’s like Spotify but for academic articles.”@Phil_Robichaud
“I must say, @deepdyve is a fabulous solution to the independent researcher's problem of #access to #information.”@deepthiw
“My last article couldn't be possible without the platform @deepdyve that makes journal papers cheaper.”@JoseServera