The purpose of this paper is to demonstrate that the national security exception will not allow governments to respond to cyberspace threats within the confines of the world trade organization (WTO) rules.
This paper is a desktop study of international trade laws with a specific focus on the convergence of cybersecurity measures and the national security exception provisions of the WTO.
The trends towards cybersecurity measures may mean there will inevitably be an evolution of trade norms. The question is, will the collective of the WTO be a part of the evolution, or merely an observer? In the authors’ view, it is crucial that it is the former.
This study makes three contributions. It provides a literature review and discussion on cybersecurity and the impact on trade. It demonstrates that the national security exception provision will not excuse these measures, and it aims to underscore the importance of the WTO as a community of nations where negotiation on important global issues is possible.
