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The WTO’s National Security Exception and Its Implication to the China-EU Dispute: With Special References to Lithuania’s Taiwan Representative Office
Li, Ke
2023-09
Source PublicationChina and WTO Review
ISSN2383-8221
Volume9Issue:2Pages:255-282
Abstract

In the multilateral trading systems under the WTO, the national security exception plays a crucial role in balancing trade liberalisation against the security interest of a sovereign nation. The proper use of the national security exception is of particular importance in the disputes with mixed political, diplomatic and military elements. The EU has recently accused China of breaching WTO obligations by taking restrictive trade measures against Lithuania, thereby affecting free trade between the EU and China. This paper argues that the allegation would be frustrated by the application of the WTO’s national security exception, as the dispute is rooted in Lithuania’s breach of its commitment to the One-China principle, which is crucial to China’s sovereignty and territorial integrity. Outside the WTO ruling system, a unilaterally imposed international sanction would be insufficient to alleviate the dispute between China and Lithuania and would lead to a deadlock in the multilateral trading system.

KeywordNational Security Exception One-china Principle Taiwan Representative Office Unilateral Sanction Wto
DOI10.14330/cwr.2023.9.2.03
URLView the original
Indexed ByESCI
Language英語English
WOS Research AreaGovernment & Law
WOS SubjectLaw
WOS IDWOS:001101863500004
PublisherYIJUN INST INT LAW, 562 GWANGNARURO, KWANGJIN-GU, NO 201 KYUNGWOO BD, SEOUL 05033, SOUTH KOREA
Scopus ID2-s2.0-85173062283
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Document TypeJournal article
CollectionDEPARTMENT OF GLOBAL LEGAL STUDIES
Faculty of Law
Corresponding AuthorLi, Ke
AffiliationFaculty of Law, University of Macau, Taipa, Avenida da Universidade, E32-2035, China
First Author AffilicationFaculty of Law
Corresponding Author AffilicationFaculty of Law
Recommended Citation
GB/T 7714
Li, Ke. The WTO’s National Security Exception and Its Implication to the China-EU Dispute: With Special References to Lithuania’s Taiwan Representative Office[J]. China and WTO Review, 2023, 9(2), 255-282.
APA Li, Ke.(2023). The WTO’s National Security Exception and Its Implication to the China-EU Dispute: With Special References to Lithuania’s Taiwan Representative Office. China and WTO Review, 9(2), 255-282.
MLA Li, Ke."The WTO’s National Security Exception and Its Implication to the China-EU Dispute: With Special References to Lithuania’s Taiwan Representative Office".China and WTO Review 9.2(2023):255-282.
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