Resolving National Security-Related Disputes under the WTO Non-violation Remedy: Fit for Purpose?

The non-violation complaint is an extraordinary remedy in the legal framework of the World Trade Organization (WTO). It has recently attracted much attention from WTO Members and scholars because of the proposal by the United States to use it for resolving disputes involving national security matters. This proposal has commonly been understood as an important element of the United States’ overall position in the ongoing WTO dispute settlement reform discussions. This article discusses how the academic legacy of Dr Frieder Roessler can be used to assess the nonviolation complaint in this context, and how it points to one possible exit from the dispute settlement crisis.