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The WTO, the national security exception and climate change

Deane, Felicity Jane (2012) The WTO, the national security exception and climate change. Carbon and Climate Law Review, 2012(2), pp. 149-158.

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    Abstract

    Article XX has been a valuable instrument to justify exceptions from the anti-discrimination provisions of the GATT 1994. In general, this Article is considered by experts to be the most likely defence for any climate change mitigation measure in breach GATT 1994 obligations. That assumption is not in dispute here; rather, this article considers the requirements of the Article XX exceptions, but also explores the conditions of the National Security exception contained in Article XXI. Although it is possible that this exception could be used for climate change mitigation measures, this paper argues that it is unlikely that the National Security exception could be legitimately applied in these circumstances without member agreement to the contrary.

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    ID Code: 54451
    Item Type: Journal Article
    Keywords: WTO, national security, security, climate change, exception, world trade, world trade organization
    ISSN: 1864-9904
    Subjects: Australian and New Zealand Standard Research Classification > LAW AND LEGAL STUDIES (180000) > LAW (180100) > Environmental and Natural Resources Law (180111)
    Australian and New Zealand Standard Research Classification > LAW AND LEGAL STUDIES (180000) > LAW (180100) > International Trade Law (180117)
    Divisions: Current > QUT Faculties and Divisions > Faculty of Law
    Current > Schools > School of Law
    Copyright Owner: Copyright 2012 Lexxion Verlagsgesellschaft
    Deposited On: 01 Nov 2012 17:36
    Last Modified: 03 Nov 2012 14:26

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