Published Online:July 2024
Product Name:The IUP Journal of Law Review
Product Type:Article
Product Code:
Author Name:Sheikh Inam Ul Mansoor
Availability:YES
Subject/Domain:Law
Download Format:PDF
Pages:17
The intersection of trade openness and national security in the realm of international trade law constitutes a nuanced and intricate landscape. This paper endeavors to unravel the complexities inherent in this delicate equilibrium, examining legal frameworks within the General Agreement on Tariffs and Trade (GATT)/World Trade Organization (WTO), Regional Trade Agreements (RTAs), and emerging global trends. The foundational principles outlined in GATT, particularly Article XXI, acknowledge the sovereign right of nations to take actions necessary for their essential security interests. However, the broad and permissive nature of this provision introduces challenges related to potential misuse and a lack of robust scrutiny mechanisms. The proliferation of RTAs, each housing unique national security clauses, adds layers of complexity to the overarching legal framework. Divergent standards, conflicting obligations, and the risk of fragmentation highlight the intricate balancing act that nations must perform to reconcile regional commitments with the principles of the global trade governance structure. The paper delves into practical applications and case studies, dissecting the challenges nations face as they navigate the fine line between economic integration and strategic safeguarding.
In the ever-evolving landscape of contemporary international relations, the intricate balancing act between national security imperatives and the principles of trade openness unveils a captivating terrain laden with legal, economic, and geopolitical complexities. This paper embarks on a historical journey, tracing the evolution of international trade relations from the mercantilist era to the present day. The global economic shifts, marked by interconnected supply chains and intricate economic dependencies, set the stage for contemporary challenges, where reconciling national security imperatives with trade openness becomes a high-stakes endeavor (Yu et al., 2022). At the core of this exploration lies the expansive concept of national security, extending beyond traditional military defense to encompass economic stability, technological prowess, cyber resilience, and ecological sustainability (Muhammad et al., 2018).