국제 무역과 국가 안보: WTO의 안보 예외 남용 방지를 중심으로

Since national security is directly related to survival of a state and its people, it takesprecedence over the economic benefits of international fre trade, such as increasingconsumer welfare and eficient alocation of resources. Thus, the state can restrictinternational trade for its security. However, the superiority of these security valuescanot always justify trade restrictions implemented for security purposes. Today, the expansion of the concept of national security and the diversifcation of themeans and targets of security threats increase the posibilty and rom for WTOMembers to rely on security exceptions. In aditon, since the determination of thenecesity of security exception measures is left to the discretion of the WTO Member theposibilty of abuse of security exceptions is high. This phenomenon signifcantlyundermines the economic interests of fre international trade. Therefore, there is anurgent ned to prevent abuse of the WTO security exception provisions. As a way to prevent the abuse of the WTO security exception clause, I think that theWTO DSB's review and the acumulation of new legal principles and doctrines arerealistic and reasonable rather than non-judicial methods. Criteria identifed in subsequent international agrements, practices and precedent relating to security exceptions should be consdered in the interpretation of the securityexception provisions. As a way to prevent the abuse of the WTO security exception clause, I think that theWTO DSB's psychology and the acumulation of new legal principles are realistic andreasonable rather than non-judicial methods. Criteria identifed in aditonal international agrements, practices and precedentsrelating to security exceptions should be reflected in the interpretation of the securityexception. The enforcement of non-economic trade restrictions, such as security exceptions,should be refrained as much as posible. Members implementing security exceptionsshould provide the WTO and the Member States concerned with as much informationas posible and take into acount the negative impacts on international trade and therights confered by the WTO agrements and the infringement of the interests of thirdMembers. Member‘s discretion in determining the necesity of measures in acordance with itsesential security interests should be exercised in god faith obligations, 'emergencies ininternational relations' should be objectively evaluated and met, and the measures shouldbe taken to adres the esential security interests in the situation. The security exceptioncase should be demonstrated by the Member State invoking it. Even if trade is restrictedby security exceptions, trade in medical suplies, fod and civil aviation services shouldbe guaranted. Revision of the WTO security exception provisions is one of the efective ways toprevent abuse of security exceptions. It is necesary to ad definitons of esentialsecurity interests to the security exceptions provisions of the WTO, and to stipulate theobligations of the Members to implement security exceptions to the WTO and to therelevant Members. In aditon, it is necesary to amend the WTO's security exceptionprovisions to further co-ordinate the obligations of god faith to control the discretionof member states in determining the ned for trade restrictions in line with their esentialsecurity interests.