National Security Exceptions in International Trade and Investment Agreements: Justiciability and Standards of Review
by Sebastián Mantilla Blanco (Author), Alexander Pehl (Author)

About this Book
This book provides a comprehensive analysis of national security exceptions in international trade and investment agreements. The subject has gained particular relevance in the past few years, as both the United States and the Russian Federation have invoked national security as justification for trade-restrictive measures in the context of WTO dispute settlement proceedings. The book describes the evolution of security exceptions in international economic law, from the GATT 1947 to the most recent economic treaties, such as the 2017 Buenos Aires Protocol for Intra-Mercosur Investment and the 2018 USMCA. Further, it presents an overview of the rich array of adjudicatory practices addressing national security clauses, covering the decisions of WTO dispute settlement bodies, the ICJ, and numerous investment arbitral tribunals. To this end, the book addresses the debates surrounding the alleged self-judging character of security exceptions and the standards of review applicable where the exception is considered to be justiciable.

Brief Contents
1 Introduction 1
    References 3
2 The First Generation of National Security Exceptions: The GATT and Its Legacy 5
    2.1 Introductory Remarks 5
    2.2 Article XXI of the GATT: A Brief Overview 6
    2.3 The GATT Security Exception in Practice 10
        2.3.1 Setting the Scene: The GATT Years 10
        2.3.2 The Renaissance of the Security Exception in WTO Practice 12
    2.4 Review of Security Measures Under Article XXI of the GATT and the Problem of Justiciability 16
    2.5 The Standard of Review Under Article XXI(b) of the GATT 19
    2.6 Appraisal: In Support of a Nuanced Approach 26
    References 28
3 The Second Generation of National Security Exceptions: Departing from the GATT Tradition? 31
    3.1 Security Exceptions in FCN Agreements 31
    3.2 Security Exceptions in Investment Agreements 38
        3.2.1 A Brief Overview of Security Exceptions in Investment Agreements 38
        3.2.2 The Review of Security Measures Under Investment Agreements and the Problem of Justiciability 40
        3.2.3 The Quest for an Objective Standard of Review 50
    References 60
4 The Third Generation of National Security Exceptions: Protecting the Sovereign State 63
    References 68
5 Conclusion 71
    References 73

Pages: 73 pages
Publisher: Springer; 1st ed. 2020 edition (January 16, 2020)
Language: English
ASIN: B0843Q7J21