National security exceptions in international trade and investment agreements : justiciability and standards of review /

National security exceptions in international trade and investment agreements : justiciability and standards of review /

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Bibliographic Details
Author / Creator:	Mantilla Blanco, Sebastián, author.
Imprint:	Cham, Switzerland : Springer, [2020]
Description:	1 online resource (viii, 73 pages)
Language:	English
Series:	Springer briefs in law SpringerBriefs in law.
Subject:	General Agreement on Tariffs and Trade (Organization) General Agreement on Tariffs and Trade (Organization) Foreign trade regulation. Commercial treaties -- Interpretation and construction. Foreign trade regulation. Electronic books.
Format:	E-Resource Book
URL for this record:	http://pi.lib.uchicago.edu/1001/cat/bib/12456100

Hidden Bibliographic Details
Other authors / contributors:	Pehl, Alexander, author.
ISBN:	3030381250 9783030381257 3030381242 9783030381240
Notes:	Includes bibliographical references. Print version record.
Summary:	This book provides a comprehensive analysis of national security exceptions in international trade and investment agreements. The subject has gained particular relevance in the past few years, as both the United States and the Russian Federation have invoked national security as justification for trade-restrictive measures in the context of WTO dispute settlement proceedings. The book describes the evolution of security exceptions in international economic law, from the GATT 1947 to the most recent economic treaties, such as the 2017 Buenos Aires Protocol for Intra-Mercosur Investment and the 2018 USMCA. Further, it presents an overview of the rich array of adjudicatory practices addressing national security clauses, covering the decisions of WTO dispute settlement bodies, the ICJ, and numerous investment arbitral tribunals. To this end, the book addresses the debates surrounding the alleged self-judging character of security exceptions and the standards of review applicable where the exception is considered to be justiciable.
Other form:	Print version: 3030381242 9783030381240
Standard no.:	10.1007/978-3-030-38

Table of Contents:

1. Introduction
2. The First Generation of National Security Exception: The GATT and Its Legacy
3. The Second Generation of National Security Exceptions: Departing from the GATT Tradition?
4. The Third Generation of National Security Exceptions: Protecting the Sovereign State
5. Conclusion.