국가 안보 위협 논란에 따른 미국의 1962년무역확장법 232조 수입조치에 대한 통상법적 쟁점

US section 232 investigation is not easily initiated as it refers to emergency circumstances with a threat on national security issues. However once initiated, the governing rule allows much deference to the investigating authority to define what constitutes national security threat and also much power to the executive branch on implementing a measure. Without sufficient regulating mechanism, Section 232 investigation can become a even more effective protectionist measure than existing trade remedy system. The regulatory efficiency of Security Exceptions is dependent on the panel’s capacity to obtain its terms of reference over GATT Article XXI, despite its alleged self-judging language. Strict application of GATT Article XXI will not allow any section 232 measure based on the application of broad and general concept of national security to succeed in its defense. At the same time, reviewing the legal issues arising from the application of GATT General Exceptions on potential section 232 measure for further defense provides implications to the capacity of the WTO on governing other comprehensive security issues. The legal analysis of a potential Section 232 measure against GATT Articles XX and XXI provides insights on how to refine the relationship between trade and security in the WTO system.