More GATT Article XXI Negotiating History

Negotiating history often raises as many questions as it answers, but that's part of what makes it interesting. Recently, I stopped by the  University of Pennsylvania library to look at the Clair Wilcox collection of International Trade Organization documents, and I found a document dated September 15, 1947, entitled "Preliminary Summary of Geneva Draft of ITO Charter, Changes from New York Draft." In this document, there is a brief reference to the national security exception that may be of interest to people. The relevant pages of the document are here.

At the outset, the document notes that it describes "[c]hanges obtained by the United States in response to criticisms and suggestions" by a number of groups, including hearings before the Senate Finance Committee. In other words, the U.S. negotiators took the New York draft to these groups to get their input, and in response to the comments provided, the negotiators sought changes during the Geneva draft discussions.

With regard to national security, the document states:

The national security exceptions have been moved from Article 37 (New York), where they only applied to Chapter V (New York), to new Article 94, where they apply to the whole Charter. They have been so worded as to make it clear that members will be able to apply them as they themselves determine. (Senate Finance Committee)

Recall the history of the Article XXI drafting that I described here. The September 15, 1947 document seems to explain how the U.S. negotiators viewed those key language changes, including the addition of the word "considers."