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The Non-Discrimination Principle and the National Security Exception under GATT Article XXI: An Analysis of the Revocation of Russia’s Most-Favoured-Nation Status by the US and Its Allies KCI 등재

  • 언어ENG
  • URLhttps://db.koreascholar.com/Article/Detail/421538
구독 기관 인증 시 무료 이용이 가능합니다. 4,300원
이준국제법연구원 (YIJUN Institute of International Law)
초록

Non-discrimination is a fundamental principle of the World Trade Organization (WTO), which promotes global trade with the goal of eradicating hunger, reducing poverty, and ensuring global prosperity. According to the WTO rules, members are required to give other members most-favoured-nation and national treatment. Due to the military conflict between the Russian Federation and Ukraine, the United States, European Union, and several other member countries suspended most-favoured-nation treatment for Russian goods in mid-March 2022. This study examines the principle of non-discrimination under the WTO provisions, identifies relevant exceptions, analyses the Russia-Traffic in Transit case, and evaluates the appropriateness of the above actions by the US and others. Finally, this paper concludes that the US and its allies failed to present concrete evidence demonstrating a direct and causal relationship between the military situation in Ukraine and their own essential interests under Article XXI of GATT 1994.

목차
1. Introduction
2. The Non-discrimination Principle under the WTOand Its Exceptions
3. The Non-Discrimination Principle and MFN Treatment for Russia
4. Conclusion
저자
  • Duong Anh Son(Associate Professor at the University of Economics and Law, Vietnam National University)
  • Tran Vang-Phu(Corresponding author. Lecturer in the Faculty of Law at Can Tho University)