European Journal of Law Reform

Article

‘Make America Rich Again’

The Nationalist Motives Compromising Good Faith Usage of the Essential Security Exception of the GATT Article XXI

Keywords good faith usage, GATT Article XXI, essential security exception
Authors Sarah Plew
Author's information

Sarah Plew
Sarah Plew, Master of Laws in International and Comparative Law at Indiana University McKinney School of Law, 2020.
  • Abstract

      The Nationalist Motives Compromising Good Faith Usage of the Essential Security Exception of the GATT Article XXI
      This article examines the recent applications of the essential security exemption of the General Agreement on Tariffs and Trade and suggests an undercurrent of camouflaged nationalist motivation that has produced an alarming pattern of misuse of the good faith element of the exemption. Part A will outline the essential security exemption of Article XXI in order to provide a background of its history and intended applications. Parts B and C analyse the recent practical applications of Article XXI through case studies, demonstrating the increasing evidence of nationalist motivations that exploit the good faith element of the essential security exemption. Part D assesses the dangers of such misuse and ponders the question: can contracting parties truly be trusted to adhere to international trade law in good faith?

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