Of Politics and Law: Analysing the Implications of the US-China Trade War on International Law and International Trade Law

In: South African yearbook of international law: Suid-Afrikaanse jaarboek vir volkereg, Band 44

Abstract

Since taking office in 2017, the president of the United States of America (US), Donald Trump has been on an offensive on the trade front. His administration has levied tariffs on goods coming from China, which retaliated by levying tariffs against the US. This has led to a trade war between these two economies. The economic warring took a turn for the worse with the arrest of Chinese financial executive for Huawei, Meng Wanzhou in Canada on request from the US Department of Justice. She was accused of making false statements to HSBC Bank in 2013 which significantly understated Huawei's relationship with Skycom. The arrest came after the US levied tariffs on Chinese goods, and also attempted to bar imports of Huawei products. In light of the above, the question that begs for an answer is: Does the US-China trade war undermine the principles of international law and the WTO rules? The article aims to answer the question of the propriety or otherwise of the ongoing US-China trade war within the ambit of international law and the World Trade Organisation economic framework.