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The paper provides an analysis of WTO law's security exceptions. First, it examines if acts adopted with reference to national security are reviewable and, if they are, which elements are reviewable and what defenses, if any, are enjoyed by member states? Second, it inquires whether WTO law’s...
Persistent link: https://www.econbiz.de/10013247894
In the last two decades, World Trade Organization law's public interest exceptions (Article XX GATT, Article XIV GATS, Article 2.2 of the TBT Agreement and Article 20 TRIPS) have seen the emergence and evolution of the doctrine of “weighing and balancing.” This paper provides a criticism of...
Persistent link: https://www.econbiz.de/10012837445