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National Security Exceptions in International Trade and Investment Agreements

Justiciability and Standards of Review

  • 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

Book

Part of the SpringerBriefs in Law book series (BRIEFSLAW)

Table of contents

  1. Front Matter
    Pages i-viii
    PDF
  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 Second Generation of National Security Exceptions: Departing from the GATT Tradition?
    Sebastián Mantilla Blanco, Alexander Pehl
    Pages 31-61
  5. The Third Generation of National Security Exceptions: Protecting the Sovereign State
    Sebastián Mantilla Blanco, Alexander Pehl
    Pages 63-69
  6. Conclusion
    Sebastián Mantilla Blanco, Alexander Pehl
    Pages 71-73

About this book

Introduction

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

  1. 1.BonnGermany
  2. 2.CologneGermany

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

  • Book Title National Security Exceptions in International Trade and Investment Agreements
  • Book Subtitle Justiciability and Standards of Review
  • Authors Sebastián Mantilla Blanco
    Alexander Pehl
  • Series Title SpringerBriefs in Law
  • Series Abbreviated Title SpringerBriefs Law
  • DOI https://doi.org/10.1007/978-3-030-38125-7
  • Copyright Information The Author(s), under exclusive license to Springer Nature Switzerland AG 2020
  • Publisher Name Springer, Cham
  • eBook Packages Law and Criminology Law and Criminology (R0)
  • Softcover ISBN 978-3-030-38124-0
  • eBook ISBN 978-3-030-38125-7
  • Series ISSN 2192-855X
  • Series E-ISSN 2192-8568
  • Edition Number 1
  • Number of Pages VIII, 73
  • Number of Illustrations 0 b/w illustrations, 0 illustrations in colour
  • Topics International Economic Law, Trade Law
    Dispute Resolution, Mediation, Arbitration
    International Economics