“Essential Security Interest”: How Did WTO Interpret?

Abstract

The world is facing a new security crisis—with the development of technology, national interest has been expanded from military to oceans, polar regions, outer space, and networks, as well as to new fields such as artificial intelligence and big data. And there will be a great possibility for states to invoke the “Security Exception” clause to exempt themselves from WTO obligations. Following the interpretation approach of the WTO Panel, there is no technical barrier to giving an expansive interpretation of the ESI. However, the Panel should cautiously examine it in case of abuse.