...the TRPPS Agreement, Article 73, security exceptions clause, "nothing construed to prevent a member from taking any action which it considers necessary for the protection of its essential national security interest, taken in time of war or other emergency in international relations." So...

...subject to agreement. Furthermore, Art. XXI allows for security exceptions to ensure that "nothing in this Agreement shall be construed [...] (b) to prevent...necessary for the protection of its essential security interests ..." This exception ensures what may have seemingly been given up sovereign rule over ports....

...standard of necessity. Its appreciation is left to the WTO member state invoking the exception: Nothing in this Agreement shall be construed ... (b) to prevent...necessary for the protection of its essential security interests ... (ii) relating to the traffic in arms, ...; (iii) taken in times of war or other emergency...

...normal implementation of the General Agreement, stipulates that the Agreement is not to be construed to prevent any contracting party from taking any action...necessary for the protection of its essential security interests", in such fields as nuclear fission, arms, etc. The 1956 Treaty, on the contrary, speaks...

...security exception". According to this provision, "[n]othing in this Agreement shall be construed ... to prevent any contracting party from taking any action...necessary for the protection of its essential security interests." Article XXI(b)(iii) names "war or other emergency in international relations" as one of...

...allowed in a free-trade area.' It should be noted, however, that Article XXI states that '[n]othing in this Agreement shall be construed (b) to prevent any...from taking any action which it considers necessary ...' According to its own terms, then, Article XXI overrides all other provisions of GATT, including...

...ihsjudgement/ihs_ijudgment_970925_frame.htm at paras 50, 51. 86 Article XXI: Security Exceptions Nothing in this Agreement shall be construed. . . (b) to prevent...necessary for the protection of its essential security interests" 87 Bin Cheng, op. cit. p. 70; ); Benvenisti, Sharing Transboundary Resources, Cambridge...

...non-justiciable.48 In relevant part, Article XXI(b) provides that nothing in the GATT shall be construed to prevent any contracting party from taking any action...necessary for the protection of its essential security interests taken in time of war or other emergency in international relations. It is also worth considering...

...any information the disclosure of which it considers contrary to its essential security interests; or (b) to prevent any contracting party from taking any...action which it considers necessary for the protection ofits essential security interests; [. . .]< 17 Vgl. dazu WTO Appellate Body v. 16.1.1998 - EC Measures...

...disclosure of which it considers contrary to its essential security interests; or (b) to prevent a Member from taking any action which it considers necessary for the protection of its essential security interests; (i) relating to fissionable materials or the materials from which they are derived; (ii)...