The ‘Essential Security Exceptions' Under GATT: Curbing The Subjectivity

I. Introduction

In the evolution from protectionism to liberalisation, while member states ("States") of World Trade Organisation ("WTO") have generally agreed to liberalise their respective trade barriers, States do possess some leeway when it comes to the 'essential security' exceptions.

While subjectivity in interpretation of the terminology under the exception has been the general stance taken by various States, the legal position has now been clarified to a large extent with the WTO Panel Report in Russia – Measures concerning Traffic in Transit¹ ("Russia-Ukraine Ruling"). This piece discusses the development of the law with reference to the essential security exceptions and examines its applicability towards the recent retaliatory measures taken by India vis-à-vis China.