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Retaliatory Tariffs And The Erosion Of Global Trade Justice: A Third World Perspective




Rampukar Gupta, B.A. LL.B. (Hons.), Central University of South Bihar


ABSTRACT


The essay discusses the systematic marginalization of developing countries in the international trade framework and claims that the World Trade Organization's (WTO) so-called egalitarianism has reinforced rather than dismantled colonial-era economic structures. Through analysis of GATT evolution, WTO dispute resolution mechanisms, and contemporary trade practices, the research demonstrates how developed countries maintain their status as 'rule-maker' while relegating the Global South to the position of 'rule-taker'. The study shows that 95 of 143 developing countries are still dependent on commodities, caught in the cycle of exporting raw materials only to import manufactured goods at declining price terms. The incapacitating of the WTO Appellate Organ since 2017, led by the USA, showcases how Western regimes weaponize institutional mechanisms when the outcome of legality challenges their hegemonic status. The essay reveals extensive practices of non-tariff barriers, tariff escalation, and selective market access policies, which systematically disadvantage the economies of developing countries. However, the analysis also identifies emerging forms of contact within South-South networks of cooperation, such as the 56% increase in intra-BRICS trade between 2017-2022, along with regional agreements, such as RCEP and AfCFTA, that may provide a safeguard against Western retaliation. The research posits that the breakdown of multilateral trade law has given rise to a hegemony-based system that fundamentally undermines the Global South's aspirations for development and perpetuates existing global economic hierarchies.


Keywords: Global South Marginalization, Tariff Escalation, WTO Dispute Settlement Crisis, Dependency Theory, South-South Cooperation



Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

 

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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