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Chapter Summary

Article 73 contains a safeguard clause essentially corresponding to Art. XXI GATT 1994-which Members have repeatedly invoked within the framework of the GATT in order to justify restrictions on trade and other economic sanctions-as well as to Art. XIVbis in the GATS Agreement. As regards the evaluation of their own security interests and reference to the exceptions provided for in Article 73, WTO Members-due to the rather vague concept of the provision-are given a wide margin of discretion. This, however, also enables Members to exempt themselves illegitimately from the obligations of the TRIPS Agreement by invoking their security interests. Article 73 lit. c does not provide for any obligations counteracting the actions taken by a Member "in pursuance of its obligations under the United Nations Charter for the maintenance of international peace and security".

Keywords: Article 73; GATS Agreement; security interests; TRIPS Agreement; United Nations Charter; WTO Members



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