Russia—Measures Concerning Traffic in Transit

WT/DS512/R (2019)

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Russia—Measures Concerning Traffic in Transit

World Trade Organization Panel
WT/DS512/R (2019)

Facts

In 2014, Russia began restricting the transport of goods to or from Ukraine through Russian territory. Ukraine responded with a complaint to the World Trade Organization (WTO), asserting that Russia’s actions violated Articles V and X of the General Agreement on Tariffs and Trade (GATT). Russia asserted a general defense under GATT Article XXI(b)(iii). The chapeau to Article XXI provided that nothing in the GATT should be construed to prevent any signatory “from taking any action which it considers necessary for the protection of its essential security interests” (1) relating to fissionable materials or sources (subsection (b)(i)), (2) arms or other military supplies (subsection (b)(ii)), or (3) during time of war or other emergency in international relations (subsection (b)(iii)). Per Russia, an international-relations emergency existed between Russia and Ukraine. Russia (joined by the United States) further argued that Ukraine’s claim was not justiciable because the requirements of the chapeau—i.e., the determination of a country’s essential security interests and whether an action was necessary to protect such essential interests—were committed to the sole discretion of the country invoking Article XXI(b).

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