The Politics of Procedure: An Examination of the GATT Dispute Settlement Panel and the Article XXI Defense in the Context of the U.S. Embargo of Nicaragua (1987)

Whitt, Richard S.

The Politics of Procedure: An Examination of the GATT Dispute Settlement Panel and the Article XXI Defense in the Context of the U.S. Embargo of Nicaragua (1987)

Law and Policy in International Business, The International Law Journal of Georgetown University Law Center, Volume 19, Number 3 (1987)

30 Pages Posted: 11 Nov 2016 Last revised: 5 Jan 2017

See all articles by Richard S. Whitt

Richard S. Whitt

GLIA Foundation

Date Written: January 1, 1987

Abstract

This Note examines the history and role of the typical GATT panel, in the context of the U.S. embargo of Nicaragua. The Note discusses the history and use of the Article XXI national security defense as a GATT exception, including a review of the GATT Panel decision regarding Nicaragua and the business and policy concerns involved. Finally, the Note suggests that from the international businessperson's point of view, structural reforms are necessary for both the politicized GATT panel procedure and the loose requirements of Article XXI.

Keywords: GATT, ICJ, Article XXI, Nicaragua

Suggested Citation: Suggested Citation

Whitt, Richard S., The Politics of Procedure: An Examination of the GATT Dispute Settlement Panel and the Article XXI Defense in the Context of the U.S. Embargo of Nicaragua (1987) (January 1, 1987). Law and Policy in International Business, The International Law Journal of Georgetown University Law Center, Volume 19, Number 3 (1987), Available at SSRN: https://ssrn.com/abstract=2866026