National Security Exception Study Under The US "Section 232 Investigation"

Back to the history of the "Section 232 Investigation "in the United States,a total of 26 investigations have been launched under the article since 1962,and only two 232 investigations have been launched since the United States joined the WTO in 1995,namely,the 1999 oil survey and the 2001 special ore and semi-finished steel survey,but none of the results have been reached.Sixteen years later,in 2017,the United States launched the "Section 232 Investigation "again,the first time China faced the United States "Section 232 Investigation ",and the first confrontation between China and the United States "Section 232 Investigation ",the United States in the name of national security launched the latest "232 transfer",In the investigation,specific measures were taken to impose tariffs on imported steel and aluminium products,respectively,and the move was declared to fall within the scope of the national security exception to article 21 of the General Agreement on Tariffs and Trade 1994 Yet china and many other WTO members have argued that the u.s."Section 232 Investigation "is not in line with the national security exception,the u.s.invoked the national security exception clause is not justified in the sense of international law,there have been a number of WTO members,including china,to the WTO dispute settlement agency litigation,the u.s.continues to invoke the national security exception to defendThe legal basis of the US "Section 232 Investigation"is that the US Department of Commerce,under section 232 of the Trade Extension Act 1962,does not have the qualifications and capacity to regulate and regulate international trade as a domestic law of the United States,nor does the US "Section 232 Investigation" based on the Act For a better response to the U.S.Section 232 Investigation,it is necessary to first determine whether the investigation is applicable to the national security exception,because it is not only related to the legitimacy of the corresponding countermeasures made by China,but also related to China in WTO v.the United States section 232 investigation China's position and theoretical support in the case.For the first time since its establishment,the application of the national security exception clause has been legally interpreted in the WTO decision report issued on 5 April 2019 in Ukraine v.Russia(i.e.DS512 case).The case of China v.the United States of America"Section 232 Investigation" also deals with the application of the national security exception clause be used as a reference and reference.The purpose of this paper is mainly to study article 21 of the General Agreement on Tariffs and Trade 1994 through the "Section 232 Investigation "of the United States,Analyzing the inconsistency between "Section 232 Investigation"and the national security exception clause,pointing out the certain illegality of the investigation,and providing some concrete suggestions for China in WTO v.the United States "Section 232 Investigation".By means of empirical study,comparative study and case study,this paper systematically expounds the main contents and historical development of "Section 232 Investigation "in the United States,and emphatically analyzes the characteristics and illegality of the latest "Section 232 Investigation ",and further enriches and explores the WTO national security exception clause.Also noting that the investigation violated WTO most-favoured-nation principle and the principle of tariff concessions,For China in WTO v.the United States "Section 232 Investigation "to provide further theoretical support,and finally for China to apply the national security exception clause to deal with the United States "Section 232 Investigation" put forward some suggestions.