National Security Exceptions in International Trade and Investment Agreements Justiciability and Standards of Review
Başlık:
National Security Exceptions in International Trade and Investment Agreements Justiciability and Standards of Review
ISBN:
9783030381257
Personal Author:
Edition:
1st ed. 2020.
Yayın Bilgileri:
Cham : Springer International Publishing : Imprint: Springer, 2020.
Fiziksel Tanımlama:
VIII, 73 p. online resource.
Series:
SpringerBriefs in Law,
Contents:
1. Introduction -- 2. The First Generation of National Security Exception: The GATT and Its Legacy -- 3. The Second Generation of National Security Exceptions: Departing from the GATT Tradition? -- 4. The Third Generation of National Security Exceptions: Protecting the Sovereign State -- 5. Conclusion.
Abstract:
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.
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Ek Kurum Yazarı:
Elektronik Erişim:
Full Text Available From Springer Nature Law and Criminology 2020 Packages
Dil:
English