An Exploration Into The WTO's Exceptions Of The Principle Of National Treatment

The existence of numerous exceptional rules is an important characteristic of WTO agreement. As a basic principle of WTO system, the principle of national treatment contains all sorts of complicated exceptions equally. A systematic summing-up and comparative analysis of these exceptions to discover the theoretical meaning and practical value will help deepen our understanding of the science of international economic law and carry on international economic trade smoothly. At the present time , specific studies in this respect are not systematic and deep enough and common understanding has not been reached Yet in theory. Therefore it does no good in practice for dealing with the objective situations of china after WTO accession.As one of the pillars of WTO system, the principle of national treatment emphasizes the equality of legal status of both foreign and domestic subjects, which declares publicly the spirit of economic liberalism. But in this field, many exceptions exist equally, which are displayed in following eight aspects, namely general exception, security exception, government procurements exception, permissions of replenishment exception, movie control exception, exceptions of the principle of general cancellation of restriction in quantity, exceptions of the principle of national treatment in fields related to trade and other fields. Each of these eight kinds of exceptions has its own historical origin and legal expression and contains relatively deep theoretical meaning and practical value.There are deep political and economic reasons for the emergence and development of exceptions of the principle of national treatment, which is also the result of political and economic struggles among nations. The application of these exceptions is very flexible anddeveloped countries and developing countries have their own characteristics in using them. On the occasion of China's WTO accession, we should strengthen theoretical research, take positive measures to utilize these exceptions better so as to serve socialist modernization drive.