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The Unsettled Governance of the Dual-Use Items under Article XXI(b)(ii) GATT: A New Battleground for WTO Security Exceptions
Svetlicinii, A.; Su, X.
2024-11-06
Source PublicationWorld Trade Review
ISSN1474-7456
Volume24Issue:1Pages:75-100
Abstract

In an era marked by the ‘technologization’ of modern warfare and the privatization of military supply chains, numerous items possess dual-use potential, capable of serving both civilian and military ends. Concurrently, governments increasingly view the acquisition of specific goods, materials, services, and technologies by rival states as a threat to their security. As a result, economic restrictions imposed on dual-use items, including export controls, have proliferated in recent years. These measures have elicited concerns regarding disguised protectionism and potential non-compliance with trade agreements. Central to the debate is the difficulty to strike a balance between addressing legitimate security imperatives and preventing economic protectionism. This article delves into the intersection of trade and security in the regulation of dual-use goods. It offers a focused examination of Article XXI(b)(ii) of the General Agreement on Tariffs and Trade (GATT) concerning trade restrictions on products destined for military use. The paper first reveals limitations of this provision in governing the regulation of dual-use items. Furthermore, it introduces the concept of a ‘purpose test’ provided by the provision as a safeguard against abusive invocation. Lastly, it sheds light on the challenge posed by the standard of proof issue, which complicates the review and mitigation of bad-faith invocations of security exceptions.

KeywordDual-use Security Exceptions Article Xxi(b)(Ii) Gatt Export Control Semiconductors Russia–ukraine War
DOI10.1017/S147474562400048X
URLView the original
Indexed BySSCI
Language英語English
WOS Research AreaBusiness & Economics ; International Relations ; Government & Law
WOS SubjectEconomics ; International Relations ; Law
WOS IDWOS:001352045000001
PublisherCAMBRIDGE UNIV PRESS, EDINBURGH BLDG, SHAFTESBURY RD, CB2 8RU CAMBRIDGE, ENGLAND
Scopus ID2-s2.0-85209905079
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Citation statistics
Document TypeJournal article
CollectionFaculty of Law
DEPARTMENT OF GLOBAL LEGAL STUDIES
Corresponding AuthorSvetlicinii, A.
AffiliationFaculty of Law, University of Macau, Taipa, Macao
First Author AffilicationFaculty of Law
Corresponding Author AffilicationFaculty of Law
Recommended Citation
GB/T 7714
Svetlicinii, A.,Su, X.. The Unsettled Governance of the Dual-Use Items under Article XXI(b)(ii) GATT: A New Battleground for WTO Security Exceptions[J]. World Trade Review, 2024, 24(1), 75-100.
APA Svetlicinii, A.., & Su, X. (2024). The Unsettled Governance of the Dual-Use Items under Article XXI(b)(ii) GATT: A New Battleground for WTO Security Exceptions. World Trade Review, 24(1), 75-100.
MLA Svetlicinii, A.,et al."The Unsettled Governance of the Dual-Use Items under Article XXI(b)(ii) GATT: A New Battleground for WTO Security Exceptions".World Trade Review 24.1(2024):75-100.
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