Reader Dan on Security Concerns

This one is by Reader Dan…


This site has information on security concerns associated wtih trade:

Article 73 Security Exceptions
Nothing in this Agreement shall be construed:
(a) to require a Member to furnish any information the disclosure of which it
considers contrary to its essential security interests; or
(b) to prevent a Member from taking any action which it considers necessary for
the protection of its essential security interests;
(i) relating to fissionable materials or the materials from which they are derived;
(ii) relating to the traffic in arms, ammunition and implements of war and to such
traffic in other goods and materials as is carried on directly or indirectly for the
purpose of supplying a military establishment;
(iii) taken in time of war or other emergency in international relations; or
(c) to prevent a Member from taking any action in pursuance of its obligations
under the United Nations Charter for the maintenance of international peace
and security.
1. Introduction: terminology, definition and scope
Although there is a relatively widespread tendency among scholars to perceive
international trade law as a concept differing from the classical idea of state
sovereignty and to regard national security, borders and territory as state interests
difficult to reconcile with liberalization of markets,203 the provision of Article 73,
almost identical to Article XXI of the GATT and Article XIV bis of the GATS,
proves that these traditional state interests continue to be a major concern of
WTO Members.

Of course, the question is ongoing. “Strategic sectors” and procurement exceptions make for complications. In other Articles there are restrictions on using national security as a way to protect an industry or service.


This post was by Reader Dan.