Future Unready: Does the WTO Need to Bolster Its Security Exceptions?

Abstract

AbstractThe WTO’s security exceptions turned 75 in 2022. The world today faces many challenges that could only be described as science fiction in 1947. This raises questions regarding the modern-day relevance of these exceptions. This paper examines the security exceptions in light of the historical context and the prevailing jurisprudence. In particular, it examines the two urgent challenges of cybersecurity and energy security from the lens of WTO security exceptions to identify the lacunae in their existing interpretation in specific fact scenarios. It highlights certain ambiguities in these exceptions that render them ill-equipped to address the two issues effectively. Hence, it argues that it is critical that the WTO updates these exceptions to make them future-ready. While the current impasse at the WTO makes it unlikely that such an agreement would be arrived at, especially in the short term, it would be in the interest of the membership that future dispute panels and the Appellate Body (once restored) adopts a more expansive interpretation of these exceptions, with the requisite checks and balances.KeywordsWTOGATTNational securityArticle XXIEnergy security