CD Skripsi
Analisis Yuridis Sengketa Perdagangan Antara Amerika Serikat Dan China Dikaitkan Dengan Eksistensi World Trade Organization Sebagai Organisasi Perdagangan Internasional
International trade law aims to provide legal certainty and create order
for international law subjects. One source of international trade law is GATT
which is now replaced by the WTO. In an effort to meet needs through
international trade, trade disputes often arise as happened between the two
developed countries the US and China. In this case, the United States issued a
policy of raising tariffs for various products from China. China also responded by
raising tariffs for various products from the US. The actions of these two
countries are called tariff wars or trade wars. In the GATT, tariff regulation is
regulated in Article II of the GATT on the concession schedule. Where according
to Article II of the GATT, the state must not increase arbitrary tariffs without
prior negotiations. in addition to regulating tariffs one of the main activities of the
GATT / WTO is as the organizer of a dispute resolution forum in case of
violations of the rights and obligations of member countries. The purpose of
writing this thesis, namely: first, to find out the United States tariff increase policy
is a violation of GATT / WTO rules, second, to find out the existence of the World
Trade Organization in resolving trade disputes between the United States and the
United States. China.
This type of research is normative legal research using research
methods on legal principles. Data collection techniques in this study with the
study of literature. From the results of the research problem there are two main
things that are concluded. First, the US policy in raising import tariffs on China is
a violation of the WTO regulatory framework and also some of the principles that
exist in the WTO such as the binding tariff principle and the principle of
protection through tariffs. second, the stage of dispute resolution that has been
passed by the US and China is consultation between the two countries. The WTO
does not have an active role in resolving trade disputes between the US and China
because US dominance in the WTO is very large in the economic, trade, and
financial fields, so the WTO's role as a regime becomes useless. Also by the
attitude of the two countries who insist that each other does not have the highest
power that can regulate the interests of each country.
Keywords : Trade War – Tariff - United Nations – China- dispute resolution
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