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the limits of security exceptions in the world trade organisation system
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نویسنده
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yee vi vien ,nair sivakumar shasswitha ,razali nazatul izma ,mahpop aminurasyed ,suaree nur atheefa sufeena m ,al-shafi’i ali hamzah namrood
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منبع
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ژئوپليتيك - 2024 - دوره : 20 - شماره : Special Is - صفحه:140 -161
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چکیده
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For years, world trade organization (wto) members avoided invoking the security exception, leaving unresolved tensions between its self-judging nature and the compulsory jurisdiction of wto panels. however, in 2017 and 2018, several panels were established after respondents justified measures as essential for national security. the rise in economic sanctions has heightened the importance of wto security exceptions, which permit otherwise wto-inconsistent measures like discriminatory tariffs. the broad scope of the national security exception in article xxi of the gatt poses challenges due to potential abuse. through a detailed analysis of the legal framework and standards of proof, this article explores the limits of this exception and proposes reforms to balance national security and free trade. it finds that while necessary, the exception’s misuse of protectionism threatens global trade stability. the study calls for more explicit guidelines, transparency, and robust dispute resolution to prevent abuse
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کلیدواژه
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gatt article xxi ,trade dispute mechanisms ,national security measures ,economic protectionism ,international trade governance
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آدرس
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universiti kebangsaan malaysia, faculty of law, malaysia, universiti kebangsaan malaysia, faculty of law, malaysia, universiti kebangsaan malaysia, faculty of law, malaysia, universiti kebangsaan malaysia, faculty of law, malaysia, universiti kebangsaan malaysia, faculty of law, malaysia, al- mustaqbal university, iraq
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پست الکترونیکی
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ali.hamzah.namrood@uomus.edu.iq
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the limits of security exceptions in the world trade organisation system
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Authors
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Abstract
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for years, world trade organization (wto) members avoided invoking the security exception, leaving unresolved tensions between its self-judging nature and the compulsory jurisdiction of wto panels. however, in 2017 and 2018, several panels were established after respondents justified measures as essential for national security. the rise in economic sanctions has heightened the importance of wto security exceptions, which permit otherwise wto-inconsistent measures like discriminatory tariffs. the broad scope of the national security exception in article xxi of the gatt poses challenges due to potential abuse. through a detailed analysis of the legal framework and standards of proof, this article explores the limits of this exception and proposes reforms to balance national security and free trade. it finds that while necessary, the exception’s misuse of protectionism threatens global trade stability. the study calls for more explicit guidelines, transparency, and robust dispute resolution to prevent abuse
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Keywords
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gatt article xxi ,trade dispute mechanisms ,national security measures ,economic protectionism ,international trade governance
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