Is GATT Article XXI on security exceptions responsive to addressing the contemporary national security interests of States?: an assessment of the security exceptions in WTO law and in cases of cybersecurity, climate change, and the COVID-19 pandemic

Soobramanien, T. Y. (2026) Is GATT Article XXI on security exceptions responsive to addressing the contemporary national security interests of States?: an assessment of the security exceptions in WTO law and in cases of cybersecurity, climate change, and the COVID-19 pandemic. PhD thesis, University of Reading. doi: 10.48683/1926.00128070

Abstract/Summary

The distinguishing features of the General Agreement on Tariffs and Trade (GATT) Article on Security Exceptions present an arguably self-judging nature, ambiguous terminologies, and leniency compared with other exceptions. World Trade Organization (WTO) Panels have clarified certain aspects of the Article, especially regarding its justiciability and its self-judging features. Nonetheless, the Article remains ambiguous and vague, especially in relation to the circumstances for its invocation. In this thesis, I point to the gaps in the Article through an analysis of existing literature, WTO legal texts, and WTO case law. I then use hypothetical case studies relating to cybersecurity, climate change, and the COVID-19 pandemic (the 3Cs) to demonstrate how the Article can be invoked in these cases, and assess whether any lack of robustness as a result of its gaps can lead to abuse and discriminatory practices. The Article has been dormant for a long time. Recently, however, national security interests came to the fore as certain countries took unilateral trade measures and invoked the Article as an affirmative defence. The move by the United States to impose tariffs on steel and aluminium to protect its economic security, Ukraine filing a complaint against Russia over the latter’s measures concerning the importation and transit of certain of its products, and Qatar filing a complaint against Saudi Arabia over measures concerning intellectual property rights are prominent cases that this thesis covers. The unilateral tariffs imposed by the United States in 2025 to protect its economic interests and exert global influence underline the rising prominence of national security and its link to economic security. I use an analytical framework to test the responsiveness of the security exception to the 3Cs. Finally, I come up with recommendations to clarify and to improve the operability and prevent the abuse of this GATT Article. In this respect, practices relating to national security in investment treaties and human rights law are pertinent. As such, I include a dedicated chapter on these two other branches of international law.

Item Type	Thesis (PhD)
URI	https://centaur.reading.ac.uk/id/eprint/128070
Identification Number/DOI	10.48683/1926.00128070
Divisions	Arts, Humanities and Social Science > School of Law
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