Tinjauan Hukum Internasional terhadap Pengecualian Keamanan dan Tindakan Pembalasan dalam Sengketa Perdagangan Amerika Serikat v. Tiongkok = International Law Analysis on Security Exceptions and Retaliatory Measures in the United States v. China Trade Dispute

ANDI FATHINAH NURUL ISLAM (B011191206). International Law Analysis on Security Exceptions and Retaliatory Measures in the United States v. China Trade Dispute. Supervised by Juajir Sumardi as Main Supervisor and Birkah Latif as Accompanying Supervisor. Background: In 2018, the U.S. invoked the security exception of the GATT, asserting that tariff measures were enacted to safeguard its national security interests, thereby justifying tariffs imposed on aluminum and steel imports from China. Consequently, China has enacted retaliatory measures by imposing additional tariffs on U.S. imported products following unsuccessful negotiation attempts, with both events respectively presented to the WTO. Objective: This research aims to analyze the current legal frameworks and mechanisms for evaluating the applicability of the security exceptions clause in GATT 1994, as well as the implications of trade retaliation within the WTO dispute settlement system. Method: In this study, the author employed a normative research methodology to examine legal frameworks derived from agreements, judicial reports, legal principles, and customary law provisions. Result: This research indicates that: 1) The invocation of the security exceptions clause by the United States does not satisfy the criteria established under GATT 1994 and its interpretations of the Standard of Review in several recent WTO disputes, leading the U.S. to disregard the Panel's decision and obstruct the appointment of the Appellate Body.; 2) China's retaliatory measures in response to the U.S. tariff increase are justifiable and warranted according to the substantive elements under ARSIWA and the DSU, yet the trade measures do not adhere to the procedural requirements necessitating WTO authorization for the implementation and the pursuance of least disruptive remedies.Conclusion: The United States and China have implemented distinct strategies that have transformed international trade from a foundation of multilateral cooperation to a shift of paradigm emphasizing national security and retaliatory responses on trade barriers. Both disputes introduces a new trade dynamic and has generated tensions with other nations, resulting in the formation of two opposing alliances.