Research On The Security Exception Clause Of The WTO

An overall objective and purpose of the World Trade Organization and its related agreements is to promote the security and predictability of mutually beneficial arrangements,while significantly reducing tariffs and other trade barriers.Under special circumstances,members may deviate from their obligations in WTO in order to protect other non-trade interests.Article XXI of the GATT may allow members to a certain degree of flexibility to take measures that are inconsistent with WTO obligations to protect specific interests,but these measures should not be used as an excuse to circumvent the GATT.Decades of development have shown that the security exception clause can no longer meet the security interests of members in the new situation,and the first case explaining the security exception clause has failed to resolve its inherent problems.Members' different understanding of the security exception clause has deepened their differences.How to find the explanation and application to meet the interests of all parties in the rapidly changing situation is a question worthy of deep thought.This article is mainly divided into three parts:The first part is an overview of the security exceptions.In this part,firstly,it reviews the past history of security exception clauses,mainly explain the background and historical evolution of security exception clauses,and then briefly introduce the past applicable practice of security exception clauses.Secondly,it explains in detail the relevant concepts of the security exception clause,including basic security interests,the scope of national security,and the understanding of the term "which it considers".Thirdly,to discuss the necessity of the existence of security exception clauses,mainly from two aspects of free trade policy and national security policy.The second part is a case to analyze the application and interpretation of security exceptions clause.The Panel Report “RUSSIA-Measures Concerning Traffic in Transit” is the first case to explain the security exception clause.This case provides sufficient material for our understanding of the security exceptions clause.The explanation of the panel in this case answers some of the long-standing problems of the security exceptions clause,namely jurisdiction Attribution of rights and understanding of core words.First,the background of the case and the focus of the dispute are briefly introduced,and it is clear that the panel has jurisdiction over disputes involving security exceptions.On this basis,to further respond to the interpretation and application of the terms,the panel believes that the interpretation and application of the terms should follow objective standards.On the one hand,it is certain that members have a certain right of self-judgment.on the other hand,it restricts the rights and imposes the requirements of the principle of good faith and the burden of proof.Thirdly,it points out three problems in the process of interpretation and application of the security exception clause.The third part is the controversy and development of security exception clauses in the new situation.First of all,it discusses the controversy and challenges faced by the security exception clause in the new situation.Secondly,it discusses the abuse of security exception in trade protectionism and evasion of WTO related obligations.Thirdly,in response to the problems of security exceptions,try to find solutions to adapt to the developments of the times.In view of the new security interests of the members,it may be a good way to try to build a new security rules system within the framework of WTO.In addition,new principles should be added to make up for the lack of interpretation and application of the provisions.