Results

Trade restrictive measures for the sake of a country’s own national security are, as it appears, contrary to the spirit of free trade. Making exceptions to such measures requires a reason. Article XXI of GATT plays a central role in this regard. However, there is a strong critical view of this provision (and its interpretation), and there are moves to establish different rules. A typical example is the security exception clause in US FTAs. This paper discusses how the security exception clause is developed in the WTO and FTAs, and how its development in FTAs affects Article XXI of GATT.