[5 September 2026] Professor Wu presented his paper at the 26th Annual Conference on the Development of International Economic and Trade Law, at NCCU, Taipei
On 5 September 2026, Professor Wu participated in the 26th Annual Conference on the Development of International Economic and Trade Law at NCCU, Taipei, and presented his paper titled “Possible Interactions between "Substantive Review" and "Self-judging" of Legal Elements under WTO National Security Exception Rules: A Dialogue based on Judicial Deference.” This is a topic of current interest, as the National Security Exception rules under the WTO is wrought with controversies. Since the first formal review of this rule in the Russia – Traffic in Transit Panel Report, a clear divergence can be observed between the legal view of panels and the position of certain WTO members in which the United States is its leading advocate. This Article will refer to the legal principle of “Judicial Deference” in international dispute settlement, review the possibility of its application in National Security Exception-related disputes and how it provides a different point of observation regarding the current legal divergence. It is the hope of this Article that some form of convergence of views can be facilitated through this review approach. To this end, this Article will provide a summary of key legal positions reflected in panel reports and US legal documents and presentation, review the possibility of relying on Judicial Deference in WTO dispute settlement and conditions for its application, and provide an alternative evaluation of US legal positions concerning the National Security Exception rules.
Professor Wu’s paper was reviewed and commented by the session chair, Shin-yi Peng, Distinguished Professor of Law, National Tsing Hua University, and Professor Tsai-fang Chen, National Yang Ming Chiao Tung University. This session sparked lively discussion and generated a strong response from the audience.
