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.
A Proposed Interpretation of GATT Article XXI (b) (ii) in Light of its Implications for Export Control, Vol. 54
6 Nov 2023