The GATT security exception clauses in theory play an important role in balancing the protection of national security interests and the promotion of free and equal trade.However,in practice,there are many disputes about the application of WTO because of the outstanding contradictions between WTO members and industries,the lag of the security content and the obscure definition of the articles.By combing the Russia-Measures Concerning Traffic in Transit(DS512)and United States-Certain Measures on Steel and Aluminum Products(DS544),the jurisdiction and applicable standards of GATT security exception clause are clarified,further combining Saudi Arabia-Measures Concerning the protection of Intellectual Property Rights(DS567)and United States-Origin Marketing Requirements(DS597),it concludes that there is a basic consistency in the logic of members invoking this provision,which provides a reference for WTO members to invoke this article effectively.China should seize the opportunity of WTO reform,which requires China to advocate improving the GATT security exception clause through negotiation,and should adhere to the position of coordination and prudent use of the GATT security exception clause first.In the face of other countries'invoking,we insist the jurisdiction of the WTO expert group and the applicable standards under the regulation of"The principle of good faith",and push forward the strictness of the scope of application of the security exception clause and the clarity of the standards,to prevent it from becoming an international legal instrument of trade protection measures.
GATTsecurity exceptionRussia-Measures Concerning Traffic in Transit(DS512)United States-Certain Measures on Steel and Aluminum Products(DS544)
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