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Trade Commitments and Data Flows: The National Security Wildcard: Reconciling Passenger Name Record Transfer Agreements and European GATS Obligations. (27th March 2019)
Record Type:
Journal Article
Title:
Trade Commitments and Data Flows: The National Security Wildcard: Reconciling Passenger Name Record Transfer Agreements and European GATS Obligations. (27th March 2019)
Main Title:
Trade Commitments and Data Flows: The National Security Wildcard
Abstract: This paper poses a hypothetical WTO challenge to the Passenger Name Records (PNR) Transfer Agreements the European Union has signed with the United States (as well as Australia and Canada). The focus will be on a possible citation of GATS Article XIV National Security Exception by the EU, and the viability of such a defense. Because of the absence of case law, this paper will also attempt to synthesize an acceptable standard for assessing GATS National Security Exception citations.