Soaring Abuse of “National Security” Exceptions Has Wrecked the Multilateral Trading System
from Geo-Graphics, Greenberg Center for Geoeconomic Studies, and RealEcon
from Geo-Graphics, Greenberg Center for Geoeconomic Studies, and RealEcon

Soaring Abuse of “National Security” Exceptions Has Wrecked the Multilateral Trading System

Since 2019, there has been a massive surge in “National Security” notifications at the WTO. Many of these are covers for rank protectionism.

December 19, 2024 12:56 pm (EST)

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In our recent Barron’s column we argued that the past two U.S. administrations, Trump and Biden, have undermined the multilateral trading system—and neutered its guardian, the World Trade Organization—by abusing the “national security” exception when erecting new trade barriers.

Article XXI of the WTO’s predecessor regime, the General Agreement on Tariffs and Trade (GATT), allows a member state to take “any action which it considers necessary for the protection of its essential security interests.” For the GATT/WTO’s first 70 years, members rarely invoked the security exception, recognizing the potential for damaging exploitation. But since 2017 the U.S. has referenced national security in 30 “Technical Barriers to Trade” (TBT) notifications—the procedure for members to inform others about proposed trade-impacting regulations.

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To prevent any challenge to its national-security defense, the United States has since 2017 also blocked all appointments or re-appointments to the WTO dispute settlement mechanism Appellate Body. Since 2019, there has been no quorum of three judges in place to hear appeals of dispute settlement decisions. This means, effectively, that any member state can safely raise any trade barrier at any time on the grounds of national security.

Not surprisingly, governments around the world have lately been playing the security trump card in their own TBT filings. As shown in the graphic above, national-security notifications hit a high of 95 this year, becoming a global phenomenon. Particularly notable is that such notifications from lower- and lower-middle income countries have surged from almost nothing in 2019 to 66 in 2024—70 percent of the total. Whereas governments, until 2017, typically reserved such notifications for genuine security-related items such as armaments, chemicals used in explosives, and signal-jamming equipment, they are now being used regularly to justify trade restrictions on innocuous items such as cocoa beans, alcoholic beverages, animal feed, lighting products, and doorframes.

The combination of surging national-security notifications and the shutting down of the WTO Appellate Body has thereby opened the flood gates for global protectionism. The return of Donald Trump to the White House can only aid the trend. Slower global growth and greater political frictions are the logical result.

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World Trade Organization (WTO)

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