Analyzing the Qatar Blockade: Justification Under WTO Legal Framework

This case study employs secondary research methods, utilizing quantitative data and a case study approach to evaluate the legality of the Qatar blockade under World Trade Organization (WTO) law. It examines the actions of the nations imposing the blockade against Qatar, focusing on the legal elements within the WTO framework, specifically Article I (Most Favored Nation treatment), Article XIV (Exception to the Rule of Non-discrimination), and Article XXI (Security Exception) of the General Agreement on Tariffs and Trade (GATT). The research adopts an inductive approach and interpretive research philosophy, analyzing the socio-historical context to determine whether the blockade is justified under international trade regulations. The analysis reveals that while Qatar can claim unfair treatment under Article I, the blockading nations may find justification for their actions under Articles XIV and XXI, potentially hindering Qatar's ability to legally challenge the ban through WTO mechanisms. Desklib provides access to similar case studies and solved assignments for students.

Research Methodology
The research has been conducted by using secondary method of research. The quantitative
data and case study approach has been taken for conducting of the research. The overview of
the case has been generated from the news websites that are operating from the relevant
country. The research studies for the Article I of most favoured nation have been taken from
World Trade Centre official website. The same source that the World Trade Organisation
website has also been taken for gathering information regarding the XIV exception to the rule
of non discrimination and section XXI security exception. Inductive approach has been taken
in this research to conclude the research work. The actions of the three nations for forming of
the blockade and the legal elements of the world trade organisation has been taken as two
issues that has been evaluated to judge the statement whether the implementation of the
blockade is justified or not. Interpretive research philosophy has been used in this case. The
socio-historical context of the event has been evaluated for the explanation of the event. The
interpretivism is best method for studying researches that involve geo-political events1. The
best method of conducting this method of study is through observation. The observation of
the international events because of which the ban was imposed has been studied in detail in
the research report.
Literature Review
Article I General Most Favoured Nation Treatment
Qatar is a member of World Trade Organisation and all the countries that are under the World
Trade Organisation gives each other most favoured Nation of MFN status. This status ensures
that countries that are under this status should have trade advantage which involves reduced
rate of tariff and increasing import Quotas. There are some exceptions to the clause regarding
situations where higher levels of preference are allowed. So as par this regulation Qatar can
1 BusinessDictionary, Read The Full Definition. (2018) BusinessDictionary.com
<http://www.businessdictionary.com/definition/research-methodology.htmlhttp://www.businessdictionary.com/definition/
research-methodology.html
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claim that the ban imposed has been unfair in nature2. However there are other sections of the
GATT regulations that have to be taken into consideration in this case.
Article XIV Exception to the Rule of Non-discrimination
Article XIV of the General Agreement on Tariffs and trades takes into consideration some
exception to the rules of non-discrimination. There are certain situations where an exception
to non-discrimination clause can be implemented as par this article XIV. This section states
that there are certain situations where it is allowed to make discriminations. These situations
involve circumstances where public order has to be maintained and human life is to be
protected. In this case these two issues can be cited by the three nations as this ban involves
the above mentioned factors that is maintenance of public order and protection of lives3.
Article XXI Security Exception
Article XXI that is security exception can also be implemented in this case. The security
exception claims that it is important to make sure that each country has the freedom to make
the judgement regarding the activities that is harming their security. This article allows each
country to make decision regarding their security. The sub section C of the article XXI stated
that it is not mandatory for a country to even provide an explanation for taking an action
regarding stopping of trade and commerce in case they feel threatened4. So this clause of the
GATT regulations has been applied by the three countries that are involved in this case.
So it can be stated that there is a certain amount of justification in the action of the three
countries in blocking trade relations and thus there is no legal method that can be used by
Qatar to lift the ban according to the GATT regulations.
2 Wto (Wto.org, 2018) <https://www.wto.org/english/res_e/publications_e/ai17_e/gatt1994_art1_gatt47.pdf> accessed 27
September 2018
3 Wto (Wto.org, 2018) <https://www.wto.org/english/res_e/publications_e/ai17_e/gatt1994_art1_gatt47.pdf> accessed 27
September 2018
4 Wto (Wto.org, 2018) <https://www.wto.org/english/res_e/publications_e/ai17_e/gatt1994_art1_gatt47.pdf> accessed 27
September 2018
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Reference List
Aljazeera, 'Understanding The Blockade Against Qatar' (Aljazeera.com, 2018)
<https://www.aljazeera.com/indepth/interactive/2018/05/understanding-blockade-qatar-
180530122209237.html> accessed 27 September 2018
BusinessDictionary, Read The Full Definition. (2018) BusinessDictionary.com
<http://www.businessdictionary.com/definition/research-methodology.htmlhttp://
www.businessdictionary.com/definition/research-methodology.html
Wto (Wto.org, 2018)
<https://www.wto.org/english/res_e/publications_e/ai17_e/gatt1994_art1_gatt47.pdf>
accessed 27 September 2018
Wto (Wto.org, 2018)
<https://www.wto.org/english/res_e/publications_e/ai17_e/gatt1994_art14_gatt47.pdf>
accessed 27 September 2018
Wto (Wto.org, 2018)
<https://www.wto.org/english/res_e/publications_e/ai17_e/gatt1994_art1_gatt47.pdf>
accessed 27 September 2018
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