新的安全形势下WTO安全例外条款的适用问题

On the Application of WTO Security Exception Clauses in New Security Situation

适用WTO安全例外条款既是一项成员自决的权利,也是受客观条件限制的权利。WTO成员运用这一贸易工具受国际法善意原则约束,受这类条款规定的适用范围、特定情况和条件限制,受六十多年形成的成员适用这一规则的惯例限制。安全例外使核物资、特定军用产品贸易和军用服务贸易不受WTO规则约束,为成员维护基本安全利益采取的某些制裁措施提供的救济,WTO有权就成员否善意、合法地适用安全例外条款进行审理和裁判。目前各国普遍采纳"总体国家安全"观,实行这一安全战略不应干扰WTO安全例外条款的正确适用。中国应该善于利用WTO安全例外条款,必要时动用WTO法律允许的经济制裁手段,维护国家基本安全利益。

WTO Security Exception clauses area self-decision right which is entitled to members but also restricted by objective conditions. The application of this trade tool by WTO members has to be restricted by the principle of good faith of international law, by the scope of application, by the particular circumstances and conditions of such clauses, and by common practiceaccumulated by the member states in the last sixty years. As regards to whether a member state applies security exceptions legally and in good faith, WTO has the right to make inquisition and judgment when it comes to nuclear materials and trade in certain military goods and military service out of the control of WTO rules for the purpose of the remedies for the sanctions to safeguard essential security interests. The theory of 'overall national security' currently adopted by nations should not disturb the implementation of WTO Security Exception clauses. China should make good use of WTO Security Exception clauses, and if necessary, take economic sanctions within the limits of WTO laws to maintain basic security interests.