National security and international trade: approaching the meaning and extent of article XXI GATT in times of technological changes and geostrategic competence

Abstract

International free trade and globalization have been heavily supported during the last decades. Nevertheless, nationalist and unilateralist positions are gaining ground in the international arena and free trade is currently under attack. Notions like “essential interests of state security” or “national security” are increasingly used to support the adoption of protectionist measures against goods and services coming from abroad. In this scenario, article XXI GATT is raising an increasing protagonist. The provision has historically lacked a broad and consistent practice but currently it has been interpretated by the WTO dispute resolution body. This article addresses the nature and meaning of article XXI GATT and its future role in an international trade environment characterized by the WTO crisis.