GATT 제XX조 일반적 예외의 WTO 부속협정 적용 여부에 대한 고찰

GATT Article XX provides for general exceptions to WTO members' obligations under the GATT. As individual agreements were adopted by the WTO member as annexed to the WTO Agreement with the establishment of the WTO in 1995, the question whether GATT Article XX also applies to other WTO agreements, and thus, the violations of obligations under other WTO agreements can also be justified by the general exception clause emerged. The Appellate Body did not address this question in the US-Shrimp (Thailand)/US-Customs Bond Directive. Instead, it assumed arguendo that the US could resort to Article XX to justify its measures, and examined whether the US measures meet the requirements of Article XX. However, in following disputes, i.e. US-Poultry, China-Publications and Audiovisual Products, and China-Exportation of Raw Materials, the Appellate Body directly addressed this question. Rather than trying to offer a general guideline on the availability GATT Article XX as a defence to measures those are in violation of other WTO agreements, the Appellate Body discreetly analyzed relevant provisions to find textual and contextual basis to apply the general exception clause. It is most likely that the Appellate Body will keep applying this approach and try to make its decision on case-by-case and agreement-by-agreement bases. There still exists lingering uncertainty about the availability of GATT Article XX to individual WTO agreements. However, the accumulation of the Appellate Body's interpretations will provide with clearer jurisprudence of the issue.