On The Application Conflict Between GATT "Security Exception Clause" And "Guarantee Measures Agreement"

The case between China and the US on “232 measures”(Case No.DS544)sparked the question that whether Art.21(the so called “Security Exceptions Clause”)of GATT 1994 can exempt the obligations under Agreement on Safeguards(hereinafter referred to as the “SA”).The essence of this issue is the conflict between the application of GATT Art.21 and certain obligatory provisions under the SA.Since this issue is still a legal vacuum,the study is proceeded mainly from perspective of “treaty conflict”.This paper is composed of three parts.Firstly,a brief introduction to Case No.DS544 will be given and the conflict issue between GATT Art.21 and certain obligatory provisions under the SA will be introduced.The second part begins with a summary to international law theories about treaty conflicts,and then analyzing whether there is a conflict between GATT Art.21 and certain obligatory provisions under the SA.Besides,the possible types of conflict will be discussed.Thirdly,various methods such as treaty interpretation,conflict clause and lex specialis principle will be applied to solve the conflict between GATT Art.21 and certain obligatory provisions under the SA,and to answer the subject question.In conclusion,there is indeed a conflict between GATT Art.21 and certain obligatory provisions under the SA.By applying above conflict resolving methods,it is concluded that GATT Art.21 shall be applied prior to certain obligatory provisions under the SA when the two are in conflict.Therefore,GATT Art.21 can exempt the obligations under the SA.