Study On The Applicability Of GATT National Security Exceptions:

In April 2019,the World Trade Organization(WTO)Dispute Settlement Panel issued a landmark ruling on the Russia-Ukraine dispute case.It ruled that a series of trade-restrictive measures taken by Russia against Ukraine were legitimate.In this case,Russia claimed that it had taken trade-restrictive measures based on its need to protect national security,invoking the national security exception in GATT Article 21,which allow a WTO member to violate its WTO obligations on the grounds of "national security." Russia said that it acted in response to an escalation of the political turmoil in Ukraine in 2014.In the history of the WTO,this was the first time that a ruling was issued on a dispute resulting from the invocation of the "national security exception" clause.Many countries and regions have paid close attention to the application of the "national security exception clause" in recent years.However,due to the ambiguous interpretation of it,the security exception clause will inevitably be faced with the expanded application,and there is the danger of hindering free trade from the beginning.Moreover,there are still many gaps in the theoretical interpretation of the national security exception clause,and many studies place their focus on the interpretation and application of the general exception clause.Starting with the WTO’s first ruling on "the national security exception",this paper summarizes the basic concept of "the security exception clause",its application in the DS512 case,and relevant case studies in history.It combines with the DS544 case of Sino-US trade friction and sums up relevant enlightenment and assumptions.The study of this case is conducive to perfecting the application system of the "security exception" clause,confirming that the Panel has the right to review its application,and also conducive to our country in dealing with the trade-restrictive measures that other countries take by using this clause.In addition,it’s also conducive to the correct and effective use of this clause by our country to safeguard our national security and strike a balance between free trade and national security interests in the new era.