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National Security Exceptions in International Trade and Investment Agreements

Justiciability and Standards of Review

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  • Provides a comprehensive analysis of national security exceptions in international trade and investment agreements

  • Gives an overview over the rich array of adjudicatory practice addressing national security clauses

  • Addresses the debates about the alleged self-judging character of security exceptions and the standards of review applicable

Part of the book series: SpringerBriefs in Law (BRIEFSLAW)

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  • ISBN: 978-3-030-38125-7
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Table of contents (5 chapters)

  1. Front Matter

    Pages i-viii
  2. Introduction

    • Sebastián Mantilla Blanco, Alexander Pehl
    Pages 1-3
  3. The First Generation of National Security Exceptions: The GATT and Its Legacy

    • Sebastián Mantilla Blanco, Alexander Pehl
    Pages 5-30
  4. The Third Generation of National Security Exceptions: Protecting the Sovereign State

    • Sebastián Mantilla Blanco, Alexander Pehl
    Pages 63-69
  5. Conclusion

    • Sebastián Mantilla Blanco, Alexander Pehl
    Pages 71-73

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.


Keywords

  • National Security
  • Traffic in Transit
  • Necessity in Investment Law
  • Investment Law
  • WTO
  • World Trade Organization
  • Trade War
  • Essential Security Interest
  • Security Exception
  • Article XXI GATT
  • General Agreement on Tariffs and Trade
  • Standard of Review
  • Self-Judging

Authors and Affiliations

  • Bonn, Germany

    Sebastián Mantilla Blanco

  • Cologne, Germany

    Alexander Pehl

About the authors

Sebastián Mantilla Blanco holds a law degree (Abogado) from the Pontificia Universidad Javeriana (Bogotá). After working at the international arbitration team of a law firm in Colombia, he pursued postgraduate studies at the University of Bonn, obtaining a Magister Legum (LL.M.) in 2015 and a doctorate in law (Dr. iur.) in 2018. He currently works as a Postdoctoral Researcher at the Institute of Public Law of the University of Bonn.

Alexander Pehl studied law at the Universities of Münster and Seville. After graduating in 2014, he worked as a Research Assistant at the Institute of Public Law of the University of Bonn. In 2018, he obtained a doctorate in law (Dr. iur.) with a thesis on representative treaty interpretation. He currently is a law clerk at the Higher Regional Court of Cologne.

Bibliographic Information

Buying options

eBook
USD 44.99
Price excludes VAT (USA)
  • ISBN: 978-3-030-38125-7
  • Instant PDF download
  • Readable on all devices
  • Own it forever
  • Exclusive offer for individuals only
  • Tax calculation will be finalised during checkout
Softcover Book
USD 59.99
Price excludes VAT (USA)