This Article explores the defenses available to States for justifying unilateral economic sanctions that appear prima facie inconsistent with World Trade Organization (WTO) rules. It focuses on two key types of sanctions: those imposed in the context of armed conficts and those aimed at inducing compliance with non-WTO international obligations. This Article frst examines whether such sanctions can be justifed under the WTO’s general and security exceptions. Contrary to the prevailing assumption that these sanctions can be straightforwardly accommodated within these exceptions, this Article argues that their justifcation is considerably more complex and nuanced. While some sanctions may clearly fall within these exceptions, others require signifcant legal creativity to ft within their scope. In view of this, this Article investigates whether the defense of countermeasures under the general international law of State responsibility can be invoked by respondents in WTO disputes. It argues that this defense is residually available under WTO law and can be employed to justify trade sanctions adopted as a means of implementing the target State’s international responsibility.
Justifying Trade Sanctions: Exceptions and Defenses Under WTO Law
6 Sep 2025