The WTO Protects Its Power in a Landmark National Security Case

MIN READApr 5, 2019 | 22:57 GMT

The World Trade Organization (WTO) headquarters are seen in Geneva on April 12, 2018. A new WTO panel ruling means countries won't be able to invoke national security concerns at will when imposing trade restrictions on others.

(FABRICE COFFRINI/AFP/Getty Images)

For 25 years, the World Trade Organization (WTO) has not had to rule on a major national security case; now, however, it has -- and that could set a precedent for all future national security-related cases, including trade disputes launched by U.S. President Donald Trump. On April 5, a WTO panel ruled in Russia's favor that it had the right, under GATT Article XXI, to suspend certain trade concessions to Ukraine that are related to access to Russia's rail networks. In its ruling, the WTO argued that there has been an emergency in international relations between Russia and Ukraine since 2014, meaning Moscow did have the right to sever Kiev's access to the transport links. The decision, however, is not yet final, as Ukraine can appeal the decision to the WTO's appellate body. But while the WTO ruled that Russia could invoke national security to suspend Ukraine's access to its railroads,...