WTO Security Exceptions in Practice and Scholarship : Curtailing “Trump Cards” through Proportionality

Preface
Contents
Chapter 1: Introduction: The ``Sleeping Dragon´´ of WTO Law
	References
Chapter 2: (Geo-)Political Background: From Interdependence to ``Permanent Exceptionalism´´?
	References
Chapter 3: The Security Exceptions in the GATT and TRIPS as Interpreted and Applied
	3.1 Terminological Clarification
	3.2 Order of Analysis
	3.3 Wording and Structure of the Security Exceptions
	3.4 The 2019 Russia - Transit Case
		3.4.1 Factual Aspects
		3.4.2 Pandora´s Box: Jurisdiction and Substantive Assessment Intermingled in the Panel Report
		3.4.3 Interpretation and further Substantive Assessment
		3.4.4 Analysis of the Chapeau
			3.4.4.1 Essential Security Interests and Good Faith Review
			3.4.4.2 The Nexus Between Ends and Means: Mere Plausibility?
	3.5 The 2020 Saudi Arabia - IPRs Case
		3.5.1 Factual Aspects
		3.5.2 Jurisdiction
		3.5.3 Interpretation and Substantive Assessment
			3.5.3.1 The Legal Standard as Defined by the Panel
			3.5.3.2 Application to the Facts
	3.6 The 2022 US - Steel Cases
		3.6.1 Factual Aspects
		3.6.2 Order of Analysis and Relationship Between the GATT and the Safeguards Agreement
		3.6.3 Interpretation and Substantive Assessment
	3.7 Interim Conclusions in Comparative Perspective
	References
Untitled
Chapter 4: Methodological Aspects: Curtailing ``Trump Cards´´ Through Good Faith and Proportionality?
	4.1 Analogy with National Administrative Law?
	4.2 Proportionality as a Concretization of Good Faith
		4.2.1 The Structure of Article XXI(b)(iii): Ends and Means, Rule Versus Exception
		4.2.2 The Legal Status of the Proportionality Principle
			4.2.2.1 Proportionality: General Principle of Law, Interpretative Principle, or Maxim of Rational Decision-Making?
				4.2.2.1.1 The Three Subtests as Interpretative Principles Following from the ``Logic of Ends and Means´´ and the Interplay Bet...
				4.2.2.1.2 The Subtests as Flowing from the Concept of Law
				4.2.2.1.3 The Subtests as Basic Categories of Rational Decision-Making
				4.2.2.1.4 Interim Conclusion on the Status of Proportionality and Its Subtests
				4.2.2.1.5 Proportionality, Good Faith and abus de droit
			4.2.2.2 Further Remarks on the Requirements Comprised by Proportionality
		4.2.3 Proportionality and the WTO Security Exceptions
		4.2.4 Interim Conclusions on Article XXI and Proportionality
	References
Chapter 5: Concluding Remarks
	References
Table of Cases
	GATT 1947 and WTO Disputes and Panel Reports
	WTO Appellate Body Reports