The Analysis of the WTO National Security Exception Balance Mechanism
Title:The Analysis of the WTO National Security Exception Balance Mechanism
Authors:Lingli Zheng, Ye Xu
Abstract:The “national security exception” arises in the context of the conflict between sovereignty and trade values, and has been widely invoked in recent years. In order to resolve the current dilemma of its application, the Panel attempted to create a balancing mechanism. The Panel Report on DS556: United States — Certain Measures on Steel and Aluminum Products is an example of the balancing mechanism of the national security exception in action, and helps alleviate the sharp political contradictions between the values of free trade and national security. Due to the broad interpretations of “essential security interests” and interference from political factors, it is vital to build a perfect balancing mechanism for the application of the WTO national security exception, and re-interpret the national security exception from the perspectives of overall balance, article balance and practice balance. China should also promote multilateral negotiations and actively safeguard its own security interests.
Keywords:National Security Exception, Balancing Mechanism, Essential Security Interests, Section 232 Investigation on the Effect of Imports of Steel on US National Security, Pan-security