Research On The Application Of WTO Security Exception Clauses In Digital Trade

As a unique existence in WTO rules,security exception clauses play a role in maintaining the balance between national security interests and trade freedom.It is called the "gentleman clause" because of its self-determination,and it can be invoked by member states with good faith.In recent years,epidemics,Internet infringements,climate change and other incidents have been closely related to national security,reflecting the transition from traditional national security with military security as the main content to non-traditional national security.Digital trade has developed rapidly due to the advancement of information and communication technology.Due to its different manifestations and characteristics from traditional trade,national security issues arising from the trade process have also attracted much attention.Because of the influence of information,data and other figures on the content of the country’s political security and personal privacy.The international community also has a more comprehensive and profound definition of "national security." As one of the forms of trade,digital trade is subject to WTO rules in terms of digital products and digital services.The WTO security exception clauses are stipulated in the General Agreement on Trade in Services,the General Agreement on Tariffs and Trade,the Agreement on Intellectual Property Rights.Through the "Indian Telecom Security Review",the importance of source code to enterprise security and the difference between general exceptions and security exceptions were clarified,and the principle of least impact should be met.Through the "U.S.Internet Gambling Case",it is confirmed that digital services are certainly within the jurisdiction of GATS,and that the protection of basic security interests of the country should not compromise specific commitment obligations.In the "U.S.v.Chinese military commercial espionage case," the complainant has the obligation to provide evidence and prove the importance of confirming the damage to the country’s basic security interests.Digital trade is developing rapidly.China should strive for the initiative in the formulation of global digital trade rules,and promote the integration of domestic laws with the international community while actively participating in the formulation of international digital trade rules.The constructivist school believes that the political community can continuously develop in the process of interaction with other subjects,and the state’s position and interests are established in the game of power and political interaction.For the improvement of the safety exception clause,it is proposed that methods such as separating the right of self-determination from the right of review and granting member states the obligation to invoke in good faith,etc.