TY  - JOUR
U1  - Zeitschriftenartikel, wissenschaftlich - begutachtet (reviewed)
A1  - Weiss, Wolfgang
T1  - Adjudicating Security Exceptions in WTO Law: Methodical and Procedural Preliminaries
JF  - Journal of World Trade
N2  - As WTO members increasingly invoke security exceptions and the first panel report insofar was issued in Russia-Traffic in Transit, the methodical and procedural preliminaries of their adjudication must be reassessed. The preliminaries pertain to justiciability and to the proper interpretive approach for their vague terms that seemingly imply considerable discretion to WTO members, all the more as general exceptions are subject to expansive interpretation. Reading security exceptions expansively appears not viable as they miss the usual safeguard against abuse (i.e. the chapeau of Arts XX GATT/XIV GATS). This lack of safeguards rather suggests caution in conceptualising them expansively, as do the systemic consequences of recent attempts to re-politicise security exceptions which run the risk of nullifying the concept of multilateral trade regulation altogether. Furthermore, the appropriate standards of review and proof must be explored which have to strike a balance between control and deference in national security.
Y1  - 2020
U6  - https://nbn-resolving.org/urn:nbn:de:0246-opus4-48824
UN  - https://nbn-resolving.org/urn:nbn:de:0246-opus4-48824
SN  - 1011-6702
SS  - 1011-6702
VL  - 54
IS  - 6
SP  - 829
EP  - 852
PB  - Wolters Kluwer
CY  - Alphen aan den Rijn
ER  -