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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: 

                   NATIONAL SECURITY!

                          R. V  Anuradha*


        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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