WORLD TRADE ORGANIZATION
On 5 April , the panel report was circulated to Members. The dispute concerned Ukraine's challenges to Russian bans and restrictions on traffic in transit by road and rail, from Ukraine, across Russia and destined for Kazakhstan and the Kyrgyz Republic, as well as to the alleged de facto extension of these bans and restrictions to Ukrainian traffic in transit destined for Mongolia, Tajikistan, Turkmenistan and Uzbekistan para 7.
Ukraine claimed that these transit measures are inconsistent with Russia's obligations under Article V freedom of transit , Article X publication and administration of trade regulations and with related commitments in Russia's Accession Protocol para.
Russia asserted that the measures were among those that it considered necessary for the protection of its essential security interests, which it took in response to the emergency in international relations that occurred in , and which presented threats to Russia's essential security interests. Russia therefore invoked the provisions of Article XXI b iii of the GATT , arguing that, as a result, the Panel lacked jurisdiction to further address the matter paras.
The Panel observed that the specific interests at issue will depend on the particular situation and perceptions of the state in question and can be expected to vary with changing circumstances. For these reasons, the Panel held that it is left in general to every Member to define what it considers to be its essential security interests see paras.
The 7.56 Report
Accordingly, the Panel considered that:. The Panel acknowledged, however, that should its findings on Russia's invocation of Article XXI b iii be reversed in the event of an appeal, it may be necessary for the Appellate Body to complete the analysis para. In this connection, the Panel concluded that had the measures been taken in normal times, i. Problems viewing this page? If so, please contact webmaster wto. See also:. Summary of key findings.
In these circumstances, the Panel was satisfied of the veracity of Russia's designation of its essential security interests paras. The challenged transit bans and restrictions were not so remote from or unrelated to the emergency that it was implausible that Russia implemented these measures for the protection of its essential security interests arising out of the emergency paras.
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