Analysing the ‘Self Judging’ Nature of Article XXI of the GATT

The National security exception is included under article XXI of the General Agreement on Tariffs and Trade (hereafter the GATT), and it is the ‘most powerful exception to the general obligations undertaken by WTO members. The state practice of the past suggests that the states have neither invoked this exception very frequently as a defence nor the members have challenged these actions very often. Some legal scholars are of the view that the provision through its wordings gives power to the state to unilaterally invoke this exception and avoid the obligations. The questions that can be raised here are: whether the restrain as evident in the past ‘state practice’ is enough to ensure that this restrain is being practised now? And will also be observed in the future? And whether the text of Article XXI prohibits the review of such invocation? Recent disputes have arisen in which the states invoking national security exceptions have been accused of abuse.