| As an obligation exemption clause,the fuzzy nature of security exception clause leads to many disputes in its application.It was not until the expert group made a ruling on the "Russian Transit Transportation Measure case" that the legal interpretation of the security exception clause by WTO appeared for the first time and became a new trend of the application standard of the security exception clause.Nowadays,the connotation of national security interests is gradually expanding to non-traditional security areas.Unlike traditional security issues,once non-traditional security issues emerge,their impact on the global economy and trade will expand rapidly.Therefore,it is of great significance to study the security exception clause.In this paper,firstly,a general overview of the security exception clause is given.By discussing the history,main content and characteristics of the security exception clause,it lays a theoretical foundation for the subsequent elaboration.Secondly,the main standards and deficiencies of WTO safety exception clauses are analyzed.The report of the Expert group on the "Russian Transit Transport Measures case" clearly stipulates the application criteria of the security exception clause,which for the first time makes clear that WTO has jurisdiction over the actions of member states to invoke the clause,and member states have the right to judge by themselves the "necessity" of taking measures to protect their basic security interests,but this should be subject to the objective review of the expert group.Although the main criteria of the security exception clause are gradually clarified,it still cannot solve the non-traditional security problems faced by member states in the new security situation.Thirdly,it puts forward some suggestions on improving WTO security exception clause.First,in terms of the text of the safety exception clause,the procedural requirements of the safety exception clause should be established,the procedural restrictions should be set on the invocation of the clause and the burden of proof of each member should be clarified.Second,in terms of the interpretation of the security exception clauses by the expert group,the expert group should ensure that there is room for interpretation of the clauses and carry out differential protection for non-traditional security issues in individual cases.Third,when examining whether the justification for invoking the security exception is justified,the evaluation criteria for "necessary" measures should be clarified,including the limitation of invoking the security exception clause in good faith and the principle of increasing proportion.Finally,China,which proposed the security exception clause,should respond.Since China has pending cases in WTO,China can take advantage of the trend of gradually clear standards of the security exception clause to express its position on the application of the security exception clause at the international level and actively submit third-party opinions to improve the provisions.At the domestic level,following the trend of expanding the connotation of national security,China will improve its anti-foreign sanctions legal system,establish a notification system and improve the list of unreliable entities as soon as possible.Through the study of the security exception clause,this paper explores the balance between not destroying the current international trade mechanism of WTO and avoiding the abuse of the security exception clause,so as to construct a strong international trade governance system and maintain the smooth operation and development of the world economic and trade activities. |
