The problems of interpreting GATT Article XXI(b)(iii) in Russia – Traffic in Transit Ramadhan Bismono Primary Author Joko Priyono and Nanik Trihastuti Additional Author mixed material bibliography ENGLAND EMERALD INSIGHT 2022 monographic en ENGLISH

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BAIK Abstract Purpose – This paper aims to further study the panel report in Russia – Traffic in Transit regarding the interpretation and application of 1994 general agreements on tariffs and trade (GATT) Article XXI(b). It analyses the threshold applied by the panel in applying Article XXI(b)(iii) and further discusses the potential problem that may arise in the future dispute. This study also investigates the notion of emergency and security interest and its development in international law. Design/methodology/approach – This normative research uses a qualitative legal methodology. This study conducts desk analysis of primary legal materials and existing literature to assess the concept of security interest within the World Trade Organization (WTO) framework. Findings – This paper finds that the panel in Russia – Traffic in Transit applied subjective and objective test in reviewing Russia’s invocation of GATT Article XXI(b)(iii). Despite the adjectival self-judging clause and the political tension of the dispute, the panel is capable to review its application. This study further finds that the term security interest and emergency in international relations still leaves the possibility of open interpretation. Research limitations/implications – Because of the normative research approach, the research results lack empirical data and implications. Therefore, future research is encouraged to inquire on the empirical research. Originality/value – This paper fulfils the need to study and explore security exception clause within the WTO framework as a normative rule of law and in the wider conceptual notion of security and emergency in international law. security exception Russia – Traffic in Transit WTO, Interpretation NONE Repository Universitas Langlangbuana Sistem Repository Elektronik Skripsi, Tesis, Desertasi dan Penelitian Dosen Universitas Langlangbuana JA101.JITLP22V21.1.4 My Library The problems of interpreting GATT Article XXI(b)(iii) in Russia – Traffic in Transit COVER_Journal_of_International_Trade_Law_and_Policy.png.png 2487 2023-12-20 11:35:52 2023-12-20 11:36:31 machine generated