Legal and Practical Aspects of the WTO Market Access Principle: The Application of National Security Exceptions

The national security exception in WTO jurisprudence, under Article 21 of the General Agreement on Tariffs and Trade (GATT), permits members to invoke trade restrictions in the name of security. However, the blanket and vague nature of this clause has raised suspicions that it would be invoked protectionist in its application. This paper reflects on how the national security exception is interacting with the World Trade Organization (WTO) market access principles and how their application has had economic and legal impacts. This study analyzes the important cases of US-Steel and Aluminum Tariffs to quantify the way that the WTO Dispute Settlement Body (DSB) has approached these. The study concludes that the exception has been relied on more and more, often in a way that is not transparent in criteria, and the risk of abuse. This paper concludes that there should be clearer rules of law, more transparency, and stronger multilateral consultations to prevent abuse and protect the stability of the world trading system. There are suggested reforms to balance national security concerns and the demand for open, rules-based trade.