WTO에서 공중도덕 예외의 범위와 필요성 심사: 미국–중국 301조 관세 사건(DS543)을 중심으로

This paper examines the recent trend in WTO disputes where Members invoke Article XX(a) of the GATT 1994 (public morals) alongside national security arguments. Focusing on United States — Tariff Measures on Certain Chinese Goods (DS543), it analyzes the United States’ claim that additional tariffs on Chinese products protected its “standard of right and wrong.” The Panel acknowledged that Members have broad discretion in defining public morals and determining their desired level of protection. However, it rejected the defense because the United States failed to demonstrate a sufficient nexus between the tariffs and the stated public morals objectives during the necessity analysis. This approach is consistent with earlier cases, including US–Gambling, China–Audiovisuals, and EC–Seal Products, confirming that under a rigorous necessity test, industrial policy considerations cannot be justified without evidence of concrete contribution to public morals protection. While the Panel left open the possibility that economic concerns may, in principle, be linked to public morals, it also highlighted the risk that such claims could mask protectionist objectives. The case ultimately reaffirms that Article XX(a) strikes a balance between Members’ regulatory autonomy and the prevention of disguised trade restrictions, making the demonstration of a genuine ends–means relationship central to future disputes.