Enforcing collective/community interests through essential security clauses and solidarity measures in the context of Russia’s aggression against Ukraine

Abstract Russia’s renewed aggression against Ukraine in 2022 led to the imposition of unilateral coercive measures in violation of World Trade Organisation and European Union obligations. While some of these measures were justified as necessary to protect essential security interests, this article evaluates their lawfulness under these agreements and the law on solidarity measures. The article argues that while invoking essential security interest exceptions runs the risk of abuse, exempted from substantial judicial oversight, especially when there is no direct injury, it does provide a legal framework within which states can justify their actions in accordance with their international obligations. This is especially so where essential security interests and fundamental community or collective interests coincide. Where, however, there is a disconnect between the two sets of interests, or in the absence of a treaty clause empowering states to deviate from their treaty obligations on this basis, states will be able to rely on solidarity measures to justify their actions, illustrating the continuing significant role of such measures in upholding collective/community interests. In essence, the analysis shows states’ strong resolve to respond to serious international law violations. Whether acting to protect states’ essential security interests or to uphold community interests, the utilization of these legal different tools re-affirms the importance and relevance of international law at times of significant global challenges.