Tribune News Network
Doha
Jassim Salih Al-Kuwari, PhD in Law at Qatar University (QU), has been awarded the prestigious Thesis Award for the academic year 2022-2023 for his groundbreaking research on the concept of Essential Security Interests (ESI) in modern international trade law. His dissertation, titled “The Concept of Essential Security Interests in Modern International Trade Law: A Comparative Study,” provides a comprehensive analysis of the ESI exception and its application in contemporary international trade law.
Al-Kuwari’s research addressed the critical issue of how the ESI exception, initially introduced in the General Agreement on Tariffs and Trade 1947 (GATT 1947) and subsequently included in the GATT 1994, General Agreement on Trade in Services 1995 (GATS), in addition to the Agreement on trade-Related Aspects of Intellectual Property Rights (TRIPS) 1995 can be modernised to address new national security threats such as cyber-security and terrorism. The primary objectives of the research included analysing the consistency of ESI definitions across various international treaties, comparing and contrasting ESI exception terms within these legal frameworks, examining real-world cases where ESI exceptions have been invoked and challenged, determining if the ESI exception is self-judging or subject to specific conditions, assessing the relevance of the ESI exception in light of modern security threats, and proposing a modernised definition of the ESI exception to better reflect contemporary challenges.
Al-Kuwari employed a qualitative research methodology, utilising primary sources such as GATT 1947, GATT 1994, GATS 1995, and TRIPS 1995, alongside a variety of case studies, to analyse the practical application of the ESI exception. His comparative approach highlighted the discrepancies and similarities in the implementation of the ESI exception across different legal instruments and jurisdictions.
The research found that the current broad and ambiguous definition of the ESI exception allows for a wide range of interpretations, which can lead to inconsistent and sometimes inappropriate applications. Al-Kuwari’s analysis emphasised the need for clearer guidelines to balance the flexibility and enforceability of the ESI exception.
The research question of this dissertation is to determine whether the definition, meaning, and scope of the ESI exception need modernisation in light of the contemporary concept of national security and the particular challenges surrounding it. In order to answer this research question, there were multiple research goals that had to be fulfilled:
• The first objective was to determine the extent to which the definitions of the ESI exception, found under the World Trade Organisation (WTO), Consolidated Version of the Treaty of the Functioning of the European Union 2008 (TFEU 2008), and other international bilateral agreements are consistent with one another.
• Compare and distinguish between the ESI exception terms in the aforementioned legal materials.
• Examine cases where the invocations of the ESI exception have been challenged. This helped to emphasise the real issues that states faced when it came to invocations of the ESI exception.
• Determine whether the ESI exception is self-judging or whether it is a limited measure that states must prove the necessity of via a set of specific conditions that need to be met.
• Determine whether the definition of the ESI exception is outdated in light of new security threats such as cyber-security and terrorism.
• Determine whether creating a modern definition of the ESI exception would effectively redefine the limitations and scope of the exception in the contemporary international community.
This research significantly contributes to the academic literature on international trade law by addressing the modern-day challenges associated with national security and the ESI exception. It also provides valuable insights into the evolving nature of state sovereignty in the context of globalisation and human rights advancements.
Jassim Salih Al-Kuwari is a distinguished doctoral candidate with extensive practical experience as the director of legal affairs at a global company and a member of the legal team for the State of Qatar. His numerous publications and contributions to legal scholarship have established him as a leading researcher in the field of international trade law.
