국제통상분쟁에서 안보예외조항의 법적 쟁점과 과제 - 러시아-통과운송 사건을 중심으로 -

The GATT/WTO system, with the philosophy of free trade and fair trade, stipulates that exceptional measures be taken where national security is threatened. There is no question that a country cannot trade its national security, which is its inherent right, for anything. National security exceptions should be respected in terms of threshold to protect, within the boundaries of international trade norms, the national security of a country as well as international peace. However, the exemptions under the WTO does not allow the disguised trade policy purposes or export control for political intent. Excessive abuse of national security exceptions and enforcement of trade restrictions would lead to international disputes, so it is necessary to establish clear norms for this. The panel of the Russia-Measures Concerning Traffic in Transit adopted the first report which invoked national security exceptions under the WTO dispute settlement. Up to the report, security exceptions have been invoked in a number of trade disputes, but there has been no judicial review for security exceptions because the cases brought to the end with the parties’ agreement before the panel report. The meaning of the case is that the establishment of jurisdiction of the WTO DSB, the scope of self-judging, and the criteria for “other emergency in international relations” confirmed the actual function and role of the exception clause. Recently, protective trade measures for national security are on the rise, especially in the United State. The WTO case would results in the increase of submissions to the WTO DSB relating to national security exception. At the same time, controversies such as the limitations of the WTO as a trade organization, the types of cases in which the WTO dispute settlement body's judicial review rights are recognized, the possibility of avoidance of the WTO dispute settlement system, and the disabling of the WTO are expected to spread. This case will not be the end of the debate over security exceptions, but will be a new beginning.