The concept of “essential security interests” and justification of economic sanctions under WTO law.

Resumen

The concept of national security is not easily definable in categorical terms, given that it may not remain constant over time. Historically, vague terms employed in national security provisions, when read in light of the margin of appreciation doctrine, allow states to deal with unanticipated national security threats. This article engages in important debate attempts to uncover the meaning of “essential security interests” for the future implications of the article XXI in WTO dispute settlement proceedings. It also points on debate over self-judging nature and vagueness of the language of the article for the purpose of balancing such provision with notion with state sovereignty. This article attempts to crystallize standards and criteria that need to be taken into account by Member states when imposing economic sanctions under the GATT security exception. Analysis of article XXI, cases of ICJ and unadoped reports of WTO Dispute Settlement Body distinguish following criteria: necessity, good faith, principles of sovereignty and non-intervention. In addition to that, these criteria could be helpful for WTO Dispute Settlement Body while assessing legality of such measures.