6. Which aspects of Article XXI (b) are subject to objective review by a panel? What is...
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6. Which aspects of Article XXI
(b) are subject to objective review by a panel? What is meant by an ‘emergency in international relations’ in Article XXI(b)(iii)? Was such a situation found to be present in the case at issue? How does the obligation to interpret and apply Article XXI(b)(iii) good faith limit the discretion of a Member to ‘consider’ particular concerns as ‘essential security interests’
and particular measures as ‘necessary’ to address these concerns, according to the Panel in in Russia – Traffic in Transit (DS512)?
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The Law And Policy Of The World Trade Organization Text Cases And Materials
ISBN: 9781108478205
5th Edition
Authors: Peter Van Den Bossche, Werner Zdouc
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