necessary; and, if so, whether that (necessary) action was in fact taken "for the Russia's essential security interests. protection of" Article XXI(b) reflects the critical importance of national security interests to Members' fundamental sovereignty. Deference to a Member's determination of what action "it to protect its essential security interests is explicit in considers necessary" the text of this provision and must be given proper effect. However, in Australia's view, this deference is not absolute. Rather, a panel is both empowered and required to assess whether the invoking Member considered that action to be and whether that (necessary) in fact necessary; action was taken "for a Member's essential security interests. in fact the protection of" Australia thanks the Panel for the opportunity to present our views.
necessary; and, if so, whether that (necessary) action was in fact taken "for the protection of" Russia's essential security interests. Article XXI(b) reflects the critical importance of national security interests to Members' fundamental sovereignty. Deference to a Member's determination of what action "it considers necessary" to protect its essential security interests is explicit in the text of this provision and must be given proper effect. However, in Australia's view, this deference is not absolute. Rather, a panel is both empowered and required to assess whether the invoking Member in fact considered that action to be necessary; and whether that (necessary) action was in fact taken "for the protection of" a Member's essential security interests. Australia thanks the Panel for the opportunity to present our views.
ds512-australias-third-party-oral-statement-240118.docx