National Security Exceptions in International Trade and Investment Agreements
This book provides a comprehensive analysis of national security exceptions in international trade and investment agreements. The subject has gained particular relevance in the past few years, as both the United States and the Russian Federation have invo
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Sebastián Mantilla Blanco Alexander Pehl
National Security Exceptions in International Trade and Investment Agreements Justiciability and Standards of Review
123
SpringerBriefs in Law
More information about this series at http://www.springer.com/series/10164
Sebastián Mantilla Blanco Alexander Pehl
•
National Security Exceptions in International Trade and Investment Agreements Justiciability and Standards of Review
123
Sebastián Mantilla Blanco Bonn, Germany
Alexander Pehl Cologne, Germany
ISSN 2192-855X ISSN 2192-8568 (electronic) SpringerBriefs in Law ISBN 978-3-030-38124-0 ISBN 978-3-030-38125-7 (eBook) https://doi.org/10.1007/978-3-030-38125-7 © The Author(s), under exclusive license to Springer Nature Switzerland AG 2020 This work is subject to copyright. All rights are solely and exclusively licensed by the Publisher, whether the whole or part of the material is concerned, specifically the rights of translation, reprinting, reuse of illustrations, recitation, broadcasting, reproduction on microfilms or in any other physical way, and transmission or information storage and retrieval, electronic adaptation, computer software, or by similar or dissimilar methodology now known or hereafter developed. The use of general descriptive names, registered names, trademarks, service marks, etc. in this publication does not imply, even in the absence of a specific statement, that such names are exempt from the relevant protective laws and regulations and therefore free for general use. The publisher, the authors and the editors are safe to assume that the advice and information in this book are believed to be true and accurate at the date of publication. Neither the publisher nor the authors or the editors give a warranty, expressed or implied, with respect to the material contained herein or for any errors or omissions that may have been made. The publisher remains neutral with regard to jurisdictional claims in published maps and institutional affiliations. This Springer imprint is published by the registered company Springer Nature Switzerland AG The registered company address is: Gewerbestrasse 11, 6330 Cham, Switzerland
Preface
National security exceptions are a usual element of international economic agreements. This holds true both for trade and investment treaties. Security clauses have been at the heart of intense academic disputes in the past. Debate has particularly revolved around the question, whether the exception has a self-judging nature and accordingly falls outside the scope of jurisdiction of international adjudicatory bodies. Whenever the conclusion is reached that a security exception is not self-judging, adjudicatory bodies will face the challenge of determining the applicable standard of review. This work represents an effort to analyze the growing corpus of international decisions addressing this type of clauses, including WTO reports, ICJ decisions, and investment arbitral awards. It provides an overview of past and present-day tendencies in treaty drafting, identifying different gen
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