An International Law Analysis Of Unilateral Trade Measures Under The WTO Framework
- IJLLR Journal
- 3 hours ago
- 1 min read
Yogeshwaran K, LL.M., University of Madras, Department of Legal Studies
ABSTRACT
The emergence of tariff wars has significantly challenged the effectiveness of the rules-based international trading system established under the World Trade Organization (WTO). While tariffs have historically served as legitimate instruments of fiscal policy and industrial protection, their increasing use as tools of geopolitical and economic coercion has generated serious concerns regarding compliance with international trade law. The United States–China trade conflict, alongside similar unilateral trade measures adopted by several major economies, has reignited debates concerning the balance between state sovereignty, national security, and multilateral legal obligations. This paper critically examines the legality of contemporary tariff wars through the framework of the General Agreement on Tariffs and Trade (GATT) 1994 and the WTO Agreements. It analyses the evolution of tariff regulation, the legal principles governing customs duties, the implications of unilateral trade measures, and the institutional challenges confronting the WTO dispute settlement system. The paper argues that although international trade law provides a comprehensive legal framework regulating tariffs, its effectiveness has been undermined by economic nationalism, geopolitical rivalry, and institutional paralysis within the WTO. It concludes that meaningful reform of the WTO dispute settlement mechanism, coupled with greater clarity regarding national security exceptions and emerging forms of international commerce, is essential for preserving a stable and predictable multilateral trading system.
Keywords: International Trade Law, WTO, GATT 1994, Tariff Wars, Economic Nationalism, National Security, Multilateralism.
