CYIL vol. 9 (2018)

VIKTORIIA LAPA

CYIL 9 ȍ2018Ȏ

5. New Concept of Sovereignty National security goes to the core sovereignty of a state, for half a century from 1940 to 1990 “essential security interests” were centered on the use of military force to preserve national sovereignty, if not the nation itself. 78 New developments brought new challenges and consequently the need to reshape the concept of sovereignty. John Jackson pointed out that the tensions between internationalism and national governments’ desire to govern and deliver on their democratic constituencies are reflected in the WTO jurisprudence. 79 The need to reinvent the concept of sovereignty with regard to its relationship with the WTO was already mentioned by John Jackson. In essence, he claimed that certain issues do not fit into the traditional sovereignty due to the risks of uncertainty, miscalculation in diplomacy and overreaching by certain nation-states. Against this background, he proposed to recognize certain international institutions as the legitimate entities to decide on some of these parameters. 80 It seems to be the right time to recognize that the WTO is endowed with the right to deal with the national security under the WTO rules. The problem of interpretation of the national security under the WTO, comes with other problems. Certain solutions have already been proposed. Without covering an entire range of the solutions, the next section will briefly focus on some common features which are required to solve the problems: the leadership and cooperation among the Members of the WTO. 78 ZILLMAN, Donald N. ‘Energy Trade and the National Security Exception to the GATT International Energy Trade’ (1994) 12 Journal of Energy & Natural Resources Law 117. p. 124. 79 JACKSON, John H. ‘Sovereignty-Modern: A New Approach to an Outdated Concept’ (2003) 97 The American Journal of International Law 782. p. 785 80 Ibid. p. 800. 81 The comprehensive outlook, proposed by A.Wolff states that “effective management of the international trading system and its continuing relevance require a set of three operational institutional capabilities: rule- making (a legislative function), dispute settlement (a consultative process with resort possible to mediation and adjudication) and executive functions). See WOLFF, Alan. ‘“The Rule of Law in an Age of Conflict”, Keynote Address at the Closing Ceremony World Trade Institute Master Programmes University of Bern, 29 June 2018’ accessed 8 August 2018. 82 See SACERDOTI, Giorgio. ‘The WTO Dispute Settlement System: Consolidating Success and Confronting New Challenges’ in ELSIG, Manfred, HOEKMAN, Bernard and PAUWELYN, Joost (eds). Assessing The World Trade Organization (Cambridge University Press 2017) accessed 8 August 2018. p. 160 On the crisis and solution of the WTO Appellate Body see Tetyana Payosova, Gary Clyde Hufbauer and Jeffrey J Schott, ‘The Dispute Settlement Crisis in the World Trade Organization: Causes and Cures, Policy Brief 18-5’ accessed 8 August 2018. The solutions from the international relations perspective have been written by WILKINSON, Rorden. What’s Wrong with the WTO and How to Fix It (Polity Press 2014). Although, they have a lot of practical challenges. For a strategy of dealing with “trade and…” issues at the see WTO GUZMAN, Andrew ‘Global Governance and the WTO’ (2004) 45 Harvard International Law Journal 303. 6. Dealing with GATT Security Exception in 2018: Is There any Luck? There exist a whole set of propositions as to how to change the system: starting from some comprehensive tentative proposals 81 to more practical solutions. 82 One feature is common to all proposals as highlighted by G. Sacerdoti:

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