ANALYSIS OF SECURITY EXCEPTION IN GATT AND WTO; IMPACT ON WORLD TRADE

Abstract

The work aims to examine the signatories of the General Agreement on Tariffs and Trade (GATT) recognized the potential need of implementing autonomous security and defense policies that would be free from the overarching legal responsibilities outlined in the GATT. The provision delineating an exception to the General Agreement on Tariffs and Trade (GATT) regulations is included under Article XXI, which is specifically designated as "Security Exceptions" ("Article XXI"). The primary emphasis of this research is Article XXI of the General Agreement on Tariffs and Trade (GATT). Article XXI of the General Agreement on Tariffs and Trade (GATT) pertains to security exclusions. This pertains to member states' measures in reaction to conditions constituting an exceptional emergency or a need. A considerable number of treaties have provisions that exclude national security considerations, which have the potential to impact these subject matters. However, in this article we will examine the security exemption has emerged as a central point of contention in other contentious conflicts, presenting a possible challenge in general but particularly in the context of South Asia. This study is based on qualitative research. we analyzing statutes, local and international laws, protocols, conventions, treaties and reports for the accomplishment of this work.