Restoring Balance: National Security and International Economic Law

This book contends that existing security exceptions in international trade and investment law are either too broad—making their good faith application difficult to verify—or too narrow, potentially excluding critical yet emerging security threats. Both extremes risk undermining the balance between state sovereignty and international economic law, either by restricting states' ability to act decisively on security matters or by enabling protectionism and opportunism under the guise of national security. Unlike other proposals, this book argues that a more effective framework requires differentiating between security concerns that warrant stricter regulation and those that allow for greater flexibility. To this end, it advocates for renegotiating security exceptions and refining their drafting in future agreements. This book synthesizes doctrinal and empirical research while analyzing case studies of the US, EU, and BRICS—key economic and political players shaping global supply chains. It seeks to expand the legal framework for security exceptions, enhance WTO-UN cooperation, and encourage states to apply security measures more efficiently. By integrating interdisciplinary perspectives, this book offers valuable insights for academics, policymakers, and practitioners navigating the intersection of national security and international economic law.