Article

International Trade Law, United Nations Law, and Collective Security Issues

Laurence Boisson De Chazournes and Théo Boutruche

in The Oxford Handbook of International Trade Law

Published in print January 2009 | ISBN: 9780199231928
Published online September 2012 | | DOI: http://dx.doi.org/10.1093/oxfordhb/9780199231928.013.0025

Series: Oxford Handbooks in Law

 International Trade Law, United Nations Law, and Collective Security Issues

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This article considers the link between trade and international peace in security, arguing that the predominant ‘exception oriented’ approach of the World Trade Organization (WTO) is overly limiting and the relationship between international trade law and United Nation (UN) law needs to be rethought. It can be invoked with regard to sanctions adopted outside the UN framework, in order to illustrate certain legal issues under WTO law. This article argues that such fears are overstated and that judicial review of States' unilateral determinations under these provisions is still admissible. These developments help to shed some light on the relationship between WTO law and UN law concerning the issue of UN economic interventionism and collective security activities. Finally, the case of small arms trade provides an example of the complexity of the challenges WTO law faces as a result of the development of new UN instruments.

Keywords: trade; international peace; exception oriented; security; economic interventionism

Article.  13418 words. 

Subjects: Law ; International Law

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