Separating the Political from the Economic: The Russia-Traffic in Transit Panel Report

This paper reviews the World Trade Organization (WTO) Panel Report “Russia-Measures Concerning Traffic in Transit” of April 2019. It constitutes first attempt to disentangle legal and political aspects related invoked essential security interests from economic considerations underlying measures imposed on transit through Russia goods exported Ukraine Republic Kazakhstan Kyrgyzstan. One one hand, Panel’s analytical framework for interpretation Article XXI GATT denied Members unilateral determination over exceptions. further enables future WTO panels a pathway reviewing possible abuses exceptions, growing concern with rising complexity transnational relations. On other our analysis suggests stricter assessment Russia’s restrictions was necessary satisfy this framework. In particular, argues adopted circular when considering plausibility whether implemented its protection time emergency international Ultimately, Panel's attention finding diplomatic path forward failed scrutiny; still, that findings fit design XXI:b GATT.