This document is a research paper written under the legal framework of the WTO. It focuses on the issue of the justiciability and interpretation of the security exception provided in the Article XXI(b) of the GATT 1994. It contains two sections. The first section deals with the issue of Jurisdiction of the Settlement Mechanism of the WTO, whether a WTO panel is entitled to solve a controversy regarding Article XXI(b) of the GATT 1994. The second section engages in a debate over the interpretation of the security exception, literal (b) subsections ii-iii, applying as a necessary corollary of interpretation the Vienna Convention on the Law of the Treaties.
Global Trade and Customs Journal