Analiza XXI. člena Splošnega sporazuma o carinah in trgovini v luči izvoza blaga z dvojno rabo

slovenian

2025

volume 51, issue 8

dual-use goods   GATT   international trade   technological development   UNSCR 1540   WTO

Narodna in univerzitetna knjižnica
(Obvezni izvod spletne publikacije)

The General Agreement on Tariffs and Trade (GATT) 1947 is founded on core principles such as free trade, predictability, and non-discrimination. However, it also incorporates a security exception (Article XXI), allowing states to deviate from these principles to safeguard essential security interests. This paper offers a critical review of the scope and interpretation of Article XXI, with a particular focus on its potential application to trade restrictions involving dual-use goods. The author argues that the use of this exception must be justified by a demonstrable connection to the supply of military establishments in line with the provision’s requirements. The paper further explores how binding international instruments, such as United Nations Security Council Resolution 1540, which imposes export control obligations, may create tensions with WTO rules and necessitate careful legal reconciliation through the security exception. Finally, the paper discusses the growing complexity of applying Article XXI in light of rapid technological advancements and highlights the need for greater international consensus on its future interpretation and use.

12.10.2026