Trump’s Steel and Aluminum Tariffs, National Security, and WTO Law

서지정보

ㆍ발행기관 : 이준국제법연구원 ㆍ수록지정보 : China and WTO Review / 4권 / 2호
ㆍ저자명 : Fengning Li

목차

I. Introduction
II. Are the US Tariff Meas ures Imposed toProtect the US’ Ess entia l Security Interests?
A. Whether the US Tariff Measures are “Carried on Directly or Indirectlyfor the Purpose of Supplying a Military Establishment”?
B. Whether the US Tariff Measures are “Taken in Time of War or otherEmergency in International Relations”?
C. Whether the US Tariff Measures are “Necessary for the Protectionof its Essential Security Interests”?
III. What kind of Trade-related Meas ures dothe US Tariff Meas ures Represent?
A. Are They National Security Measures?
B. Are They Safeguard Measures or other Trade Restriction Measures?
IV. How should the US Tariff Meas ures beResolved by the DSB?
A. Are the US Tariff Measures Capable of Resolution by the WTODispute Settlement?
B. In What Manner and to What Extent should the US Tariff Measuresbe Reviewed?
C. What are Some Possible Outcomes if the ‘Good Faith’ Standard isApplied to the US Tariff Measures in Dispute?
V. Conclusi on
References

영어 초록

The US has invoked Article XXI of the GATT 1994 to justify its tariff measures on imports of steel and aluminum. However, the US’ tariff measures are not imposed for the protection of the US “essential security interests” but for economic and trade reasons. They do not satisfy the conditions listed under Article XXI (b) (i) to (iii) and should not be justified by them. They should not be considered as either national security measures or safeguard measures, but as ordinary trade restriction measures that are inconsistent with the WTO rules and the US obligations. A panel or the Appellate Body not only has the jurisdiction to review this dispute, but is also capable of making findings and providing a recommendation. Even if the US has the discretion to impose tariff measures under Article XXI (b), whether it has been acted in good faith, is still subject to the WTO review. As regards the tariff measures, the US has not acted in good faith.

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