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13 Asian J. WTO & Int'l Health L & Pol'y 311 (2018)
Petrificus Totalus: The Spell of National Security!

handle is hein.journals/aihlp13 and id is 315 raw text is: PETRIFICUS TOTAL US: THE SPELL OF NATIONAL SECURITY! R. V Anuradha* ABSTRACT The national security exception is a preserve for sovereign power which finds a place in the 1947 General Agreement on Tariffs and Trade (hereinafter GATT), and practically all subsequent trade agreements, but has never been tested in a trade dispute. The reason is simple: while it has been invoked afew times, matters have never escalated sufficiently for it to be tested. However, there are currently ten disputes (including eight against the United States) pending at the World Trade Organization (hereinafter TWTO) where the national security exception has been invoked as a defence for WTO-inconsistent policies. The timing of these disputes in view of the rising protectionism by various countries in itself raises interesting questions about the intent and purpose ofsuch an exception, i.e., whether it is a genuine exercise of the security exception, or a cover for protectionist action. This article will make an assessment of the wording used in the security exception under the GATT, and the circumstances wherein the current spate of disputes has invoked the exception. It will also reflect on how Free Trade Agreements (FTAs) are addressing this issue, and the extent to which they are deviating from the language of the GATT and WTO Agreements. The article will also explain that it is not correct to attribute rising national security concerns to the U.S. alone. There is a growing body of regulatory measures on grounds of national security that are emerging worldwide. Perhaps the reason for this is because the Partner, Clams Law Associates, New Delhi. The author specializes in international trade and investment law, and can be reached at: anuradha.rvdclaruslaw.com.

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