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Journal of International Trade Law and Policy: The problems of interpreting GATT Article XXI(b)(iii) in Russia – Traffic in Transit
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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.
NONE
Text
ENGLISH
EMERALD INSIGHT
2022
ENGLAND
JURNAL ILMU HUKUM
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APA Citation
Ramadhan Bismono. (2022).Journal of International Trade Law and Policy:
The problems of interpreting
GATT Article XXI(b)(iii) in
Russia – Traffic in Transit.(Electronic Thesis or Dissertation). Retrieved from https://localhost/etd