THE NATIONAL SECURITY EXCEPTION IN WTO LAW: THE IMPLICATIONS OF THE US-ISREAL-IRAN CONFLICT

Abstract

The national security exception under Article XXI of the General Agreement on Tariffs and Trade, 1994 constitutes a significant qualification to the obligations of members of the World Trade Organization. While the provision permitted states to adopt measures necessary for the protection of essential security interests, its broad wording has generated considerable debate regarding its scope and potential misuse. Recent tensions involving the United States, Israel, and Iran have intensified concerns over the increasing use of trade restrictions and economic sanctions justified on national security grounds. This article examined the legal framework governing the national security exception and analyses its interpretation in contemporary WTO jurisprudence. Particular attention is given to the decisions in Russia – Measures Concerning Traffic in Transit and Saudi Arabia – Measures Concerning the Protection of Intellectual Property Rights, which clarified that Article XXI is not entirely self-judging and remains subject to legal scrutiny. The article argued that although the exception served as an important safeguard for state security, its application must be constrained by principles of good faith and accountability. It concluded that a balanced interpretation of Article XXI is essential to preserving national security interests and the integrity of the multilateral trading system.