A Detailed Analysis Of The Security Exception Of GATT 1994

From 2018,the United States took its domestic law and Article XXI of GATT 1994 as the legal basis to bring a series of trade restrictions into practices.Due to the strong marking of its appearance and development of Article XXI of GATT 1994,the legal outcome from the DSB of WTO is rare,and its standard of application and demarcation line are both very unclear.Therefore,these trade disputes among US and other countries are highly concerned and can hopefully become important precedents about the security exception in DSB,which means that this Article itself has strong research value,however,as China is one of the most important countries in this dispute,there is lack of relevant theoretical research about this international law problem.In April of 2019,in the Russia – Measures Concerning Traffic in Transit case,DSB finally produced the first precedent about the security exception,thus,this article would take it as a lead to elaborate Article XXI of GATT 1994.This article would center on the rule,in the first charter,we would have a brief review about the development and evolvement,application,and important problems of the security exception.Then,the second charter would focus on the place and chapeau to suggest that the range and precondition of its application should be limited rather than be unlimited expanded.Next,we come into the core part,the third charter would discuss whether the security exception should be self-judged by Members from different angles,and whether there exists a third way that can be softer and can take care of the interest of multiparty,and if this gray zone has ample theoretical and practical supports.At last,in the fourth and fifth charter,this article combined a series of WTO cases and relative knowledge of international law to analyze the definition,connotation and denotation of the terms in this Article,in order to summarize a more clear-cut and plain orientation and application of it,which could promote a better resolution among Members about the security disputes and reach the ultimate goal of maintaining the sustainability of the WTO multilateral trade system.