On The WTO Compliance Of 232 Measure Of USA

The 232 measure is a trade governance measure stipulated in Section 232 of the Trade Expansion Act of 1962 of the United States.In both form and substance,it can not be regarded as the safeguard measures stipulated in the Agreement on Safeguards("SG Agreement")and related GATT clauses,nor can it be regarded as inconsistent with SG Agreement in terms of implementation procedures and remedies.In addition,although the United States has relied on Article XXI of GATT 1994("security exception clause")as the basis for the tariff increase,whether or not the measure is in conformity with this article still relies on a further explanation of security exception clause it.This paper focuses on the arguments contained in requests for consultation submitted by many WTO members to the DSB("the RFCs"),to analyze the WTO compliance of the 232 measure.It mainly uses the methods of literature reading and case study,including the collection,collation,reading,screening,understanding and eventually abstracting out general conclusions of materials of certain historical,theoretical and reference value.These documents are obtained mainly through the official website of WTO,books and laws in the school library,periodical retrieval tools.The translation work is carried out by the author himself and/or translation software.It is worth noting that there are few direct WTO cases about security exception clause and fewer of them containing conclusions,while cases concerning safeguards are numerous and mature.It is inevitable that there will be insufficient examples or trade-offs during separate case study of these two aspects.The structure of this paper is as follows:The 1st chapter briefly summarizes some basic documents involved in this paper.The 2nd chapter is about the conformity of the 232 measure with SG Agreement and related GATT clauses.It mainly analyzes the similarities and differences between them in form and in substance,intersperses some classic cases,and analyzes the possibility of some controversial approaches of this 232 measure being recognized as safeguard measures in the DSB substantive procedure.The 3rd chapter focus on the interpretation of the WTO security exception clause and the question whether DSB can exercise jurisdiction over it.