Security exceptions are aimed at ensuring a margin of discretion for the
adoption of sovereign decisions in questions of national security. To-date, most States
consistently incorporate such exceptions into their economic treaties. Yet, treaty
language has changed over time. At least three generations of security exceptions
can be identified in post-SecondWorldWar trade and investment agreements. These
generations broadly reflect attitudes towards trade liberalization and international
decision-making, which prevailed in different historic settings.
Few words are as powerful as security. Any room for discussion ends where ‘security
reasons’ are invoked. The call of ‘security’ entails a warning not to ask, not to
inquire, and not to doubt. This holds true not only for police measures in airports
and train stations. Security often takes on a similar role in international affairs and,
more particularly, in the arena of international trade. Policy-makers too often rely on
national security to justify restrictive policy choices. The past few years bear witness
to the growing use of security as an ultimate means of justification. Examples appear
all over the field of international economic law, from WTO disputes on the United
States’ imposition of tariffs on aluminum and steel1 to investment claims on the use
of India’s electromagnetic spectrum
1