National Security Exception. Transnational arrangements often raise issues regarded by states as potentially prejudicial to their national security. Treaties bearing on important national interests often exclude matters considered by any party to threaten its fundamental national security interests. Article XXI of the General Agreement on Trade and Tariffs (“GATT”), for example, states that nothing in the agreement “shall be construed to prevent any contracting party from taking any action which it considers necessary for the protection of its essential security interests,” thereby exempting that activity from the regime’s rules.51 The WTO regime has operated effectively in a contentious area, despite its national-interests exception, perhaps because states have exercised that right with restraint, knowing that it is available equally to all parties and that its expansive exercise would deprive them all of the benefits of a regime that serves their interests. Such situations are especially likely to arise in connection with the creation of cyber norms and standards. For example, sharing information is a fundamental characteristic and benefit of transnational regimes and would be an important aspect of any cyber-security agreement. A government may occa- sionally be faced, however, with a situation in which sharing information related to a cyber threat could prejudice its security by, for example, revealing vulnerabilities or defensive plans to a state or non-state actor suspected of supporting cyberattacks. States should be permitted, in their discretion, to invoke a national security exception in all such situations.
National Security Exception. The provisions of this Agreement shall not be construed to prevent either Party from taking any action obligations under the United Nations Charter for the maintenance of international peace and security or which it considers necessary for the protection of its essential security interests:
National Security Exception. Not Applicable
