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A Proposed Interpretation of GATT Article XXI (b) (ii) in Light of its Implications for Export Control, Vol. 54

Kentaro Ikeda

6 Nov 2023

GATT Article XXI(b)(ii) has received little scholarly attention, but increasing measures taken under the name of national security require heightened attention to it, especially with regard to export control measures. We need a detailed interpretation of the clause that can be used to distinguish measures permissible under the clause from impermissible ones.

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The author thanks Professor Mark Wu for his supervision and comments on drafts, Jane Bestor for her support in elaborating on the Article, and Xuejiao Katniss Li for her comments.  The views set out in this piece are the personal responsibility of the author and do not reflect the views of any organization to which the author belongs.