Study On The Application Of Wto Security Exception Law

The Russian transit restrictive measures case is the first case to make substantive legal interpretation of the security exception clause under the WTO system,and it is of great significance to the application of the security exception law.Using the dispute settlement mechanism to deal with the security exception disputes raises two major issues concerning the application of the security exception law.On the other hand,if the DSB can handle security exception disputes,how to better balance the competence of the DSB with that of sovereign states,that is,the extent to which a dispute settlement body should respect the discretion of sovereign states with regard to security exceptions.Reviewing the history of GATT negotiation,the goal of security exception is to balance free trade and national security,and to protect the real security interests and prevent possible abuse so as to maintain the free trade system.On the one hand,before the case of Russian transit restriction measures,there was an abuse tendency in the definition of "basic security interests" by the members unilaterally.On the other hand,although there is no consensus on the jurisdiction of the Dispute Settlement Body on the issue of security exceptions,there is at least a tendency to apply security exceptions restrictively in the multilateral trading system.The primary significance of the application of the law of security exception by the expert group in the case of Russian transit restriction measures is to clarify the "compulsory jurisdiction" over the dispute of security exception.Then,on the basis of the objective examination by the expert group,a limited space of objective legal examination should be opened up.Recognizing the discretionary power of sovereign states over "essential security interests" and "necessary measures" in security matters,while introducing the "principle of good faith",this would allow the panel to review at least to a superficial extent the subjective discretion of member states.It should be said that the application of the law of the security exception in this case basically follows the original legislative intention of the securityrestrictive measures case" exception,conforms to the legislative background of the birth of the security exception,and is also the historical practice of the tendency of restrictive application.But it is undeniable that the current security situation is no longer comparable to the Cold War context in which security exceptions were born.The panel’s interpretation does not clearly respond to the new and evolving security concerns of states,given that the security exception is supposed to be infused with new content and that the case remains a more traditional military security conflict.In addition,the security exception is also increasingly invoked by some countries,disguised trade restrictions,as a tool to suppress competitors,the United States is most typical.Therefore,the safety exception rule is still in the rapid change,the law application still needs many aspects to perfect.Combined with the criteria for legal review established by the expert group in the Russian case of transit restrictions.First of all,the scope of security exception can be appropriately expanded on the basis of restrictive application in future security exception reform.Secondly,the "evolutionary interpretation" method should be introduced to accommodate the new security concerns in handling security exception disputes through the dispute settlement mechanism,at the same time,appropriate measures should be introduced to properly balance the competence of the DSB and that of the member states so as to strike a balance between preventing member states from abusing the security exception and avoiding excessive encroachment on the sovereignty of member states.Finally,based on the effect of the application of the security exception law embodied in the "Russian transit restriction measures case",in the context of the current sino-us trade war,facing the serious situation of the abuse of the security exception by the United States,china could continue to seek to address security exception disputes under the dispute settlement mechanism,supplemented by diplomatic negotiations and International Security Policy Dialogue.