Research On The Trade Barrier Of National Security

The trade barrier of national security is a kind of trade barrier which is on the grounds of national security, it has a long history. While it has appeared frequently in the United States, the European Union and other countries(regions) after the financial crisis. It is mainly reflected in import restrictions, technical barriers to trade, government procurement barriers, export restrictions and barriers to trade in services and trade-related investment measures, etc. These measures or practices are on the grounds of national security,while, they do not strictly follow the constraints of the national security exception clause of WTO,and they are largely based on political or commercial purposes,which are at the risk of abuse of national security exception clause. Because of the many defects the national security exception clause has, and the importance and sensitivity of national security, the trade barrier of national security has the following characteristics.Firstly, It has always been a controversial figure in law, it is concealed and flexible when implemented, and its influence is also wide and deep. Even more important,it has strong subjectivity, national discriminatory and political sensitivity, and it is very effective in use but difficult in relief.The causes for the trade barrier of national security are rather complicated. In the rapid development of globalization today,the state’s control over sovereign gradually weakened, while the globalization of the economy, finance, information, science and technology,and terrorism has further increased the instability of international political,economic and trade relations. Many complex aspects interact with each other have brought huge risk to national security, especially in the international trade field which permeate the most countries widely and deeply, thus lead to the national security of trade barriers.These aspects are the instability of globalization, the current grim international economic situation, the WTO system which is full of defects, and the international relations which are lack of mutual political trust. While, whether in the GATT period, or in the WTO era,the trade barrier of national security is not effectively regulated, it has continued to spread around the world.The trade barrier of national security can play a role in protecting national security to a certain extent. While, firstly, it is easy to cause the distorting effects on international trade, reducing market openness and cutting the trading volumes. Secondly, this trade barrier may rise trade protectionism. And thirdly, it may threaten to reduce the authorityand coordination of the WTO system. To cope with the trade barrier of national security,international community must be in compliance with the international trade law first, and balance the relationship between free trade and national security. Specifically,international community should respect every country’s national security demand firstly,that means countries must respect the principle of national sovereignty and the basic principle of WTO, strengthen the construction of the modern enterprise system,promote the growth of global economic, join the GPA initiatively and use the legal means to protect the legitimate rights and interests actively, thus refrain trade protectionism. More over, in order to prevent the spreading and overflowing of the trade barrier of national security in the field of international trade, provide the favorable system environment for free trade, international community should make a great effort to reform the WTO system actively as well as attach great importance to consultations and negotiations.