Unilateral coercive measures under WTO law: unpacking security exceptions and seeking broader solutions to the trade-security dilemma
DIRITTO DEL COMMERCIO INTERNAZIONALE, 2025This article explores the intersection of trade and national security within the
framework of the World Trade Organization (WTO) law, focusing on the use of
unilateral coercive measures, such as sanctions, and their justification under security
exceptions. The article begins with an introduction to the relationship between trade
and peace, followed by a discussion of sanctions and the various sanctions regimes
employed by WTO members. It then examines the justification for sanctions (or
other unilateral measures like tariffs) through security exceptions under WTO law,
drawing on the case law, including the Russia-Traffic in Transit, Saudi Arabia-IPR, and US-Steel and Aluminium disputes, which have shed light on the interpretation of
these exceptions by WTO Panels. The paper also delves into non-violation complaints as a mechanism for addressing national security concerns beyond violation
claims under WTO law.