Study On The WTO Security Exception Clause

There exist a lot of exception clauses in the WTO agreements. The security exception clauses. Among them, especially drew attention. They exist widespread and involve trade in Goods, trade in service trade-revealed intellectual property. They allow WTO members to take measures to derogate and exempt from WTO obligations in order to safeguard specific interest of national security. They make it possible to exempt WTO members from their obligations in order to safeguard their basic motional security. Since our country has become WTO member, in the practice of implementing WTO agreements, we have the full right to use WTO general exception clause legally and effectively so that we can carry out trade-restrictive measures in the specific situation to safeguard our country's national security. It can be seen that it is very signification to study WTO security exception clauses. However, little studies has been made on security exception clauses in our country. Using methods such as clause-interpretation, case study and literature study, this paper aims at making preliminary study and putting forward comprehensive, practical legal countermeasures in view of the defeats of our country's legislation and practice.The paper is composed of five sections. The first section is one introduction. It indicates the necessity and practical significance of the research on WTO security exception clause.The second section is a survey of WTO security exception clauses. At first, the concept and classification of exceptions is pointed out, then the concept and the framework of security exception clause is set out, then the forming history and origin of security exception is expounded, and then thelegal principle and legal features of security exception one anglicized.The third section mainly anal sizes its defect and value of security exception. Some advices to perfect security exception clause are put forward on the base of the analysis of is defects both in the provisions and in the supervisory mechanism.The fourth section analyses the requirements of using WTO security exception clause. In this section, such important requirement as "Its essential security interest", "tense situation of international relations" and "it considers necessary" are emphasized.The fifth section is about Chinese legal countermeasures to WTO security exception douse. After introducing the present legal situation of Chinese usage of security exception clauses and its deficiency. It puts forward the countermeasures that our country should take.