Proposes standards of proof for evaluating export controls on dual-use items, suggesting a balanced legal approach amidst security concerns.
Key Points
The aim is to clarify the interpretation of GATT Article XXI(b)(ii) regarding dual-use export controls and propose a standard of proof for assessing their legality.
Analyzes GATT Article XXI(b)(ii) in relation to dual-use items.
Evaluates existing interpretations and applications of export controls.
Proposes standards of proof for establishing evidence under security exceptions.
Identifies ambiguities in the application of export controls.
Advocates for a balanced approach to security exceptions to prevent abuse.
Highlights the importance of multilateralism in international trade law.