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The Impact Of Armed Conflict On International Trade Law: A Jurisprudential Challenge And SDG Implementation




Amandeep, LL.M. (Corporate & Commercial Laws), Christ (Deemed to be University), Bangalore


ABSTRACT


The current rise in armed conflict represents a significant threat to the survival of the rules-based Global Trading System (GTS) and the United Nations Agenda 2030. This paper examines in detail the economic and legal frictions that result from sovereign states prioritizing their national security imperatives over their binding commitments under the multilateral trading system. To achieve this purpose, a doctrinal and analytical approach to the research methodology was employed through examining the catastrophic effects of war on global trade infrastructure, supply chains and cross-border commercial dispute resolution. One of the core areas of focus of this paper is to examine the jurisprudential crisis surrounding the invocation of national security exceptions, specifically Article XXI of the General Agreement on Tariffs and Trade (GATT) as it relates to the WTO Appellate Body's institutional paralysis resulting from relevant panels' rejection of the self- judging doctrine following geopolitical intransigence, particularly as demonstrated in the high-profile cases of Russia - Traffic in Transit and Saudi Arabia - Intellectual Property Rights. This paper employs a research methodology that consists of primarily doctrinal and analytical methods, allowing for the examination of the normative conflict between the principles established in international economic law and sovereign security requirements during armed conflicts. Additionally, the research contains actual event statistics changing the overall development of the variety of trade conflicts that resulted in a general slowdown in every area of international sustainable development. Many examples exist including an unprecedented decline in institutional capacity (SDG 16), dissolution of worldwide financial trade agreements (SDG 17), and the essential regulatory function of the Arms Trade Treaty (ATT) to assist global jurisdictions in trade relations and compliance. Ultimately, it is concluded that to achieve global economic integration and sustainable development will require immediate structural modifications, including the restoration of WTO dispute resolution mechanisms, creation of a concrete improvement’s framework for exemptions, and inclusion of humanitarian protections related to international economic sanctions within global economic agreements, specifically regarding arms proliferation.


Keywords: Armed Conflict, International Trade Law, Sustainable Development Goals (SDGs), Russia-Ukraine War, Armed Trade Treaties.



Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

 

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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