ANALYSIS OF THE LEGAL EFFECTS OF THE US-CHINA TRADE WAR ON THE WORLD TRADE ORGANISATION’S DISPUTE RESOLUTION MECHANISM

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dc.contributor.authorDAWI, Kennedy Sambo
dc.date.accessioned2026-06-24T10:18:14Z
dc.date.available2026-06-24T10:18:14Z
dc.date.issued2022
dc.descriptionA DISSERTATION SUBMITTED TO THE SCHOOL OF POSTGRADUATE STUDIES, AHMADU BELLO UNIVERSITY IN PARTIAL FULFILLMENT OF THE REQUIREMENTS FOR THE AWARD OF THE DEGREE OF MASTER OF LAWS – LL. M DEPARTMENT OF COMMERCIAL LAW, FACULTY OF LAW, AHMADU BELLO UNIVERSITY, ZARIA
dc.description.abstractThe World Trade Organisation (WTO) has contributed immensely to enhancing world trade because of its robust two-tier dispute settlement mechanism which has been nicknamed the “Crown jewel of the WTO”. The United States of America (US) being dissatisfied with some decisions of the WTO‟s Appeal Body laid some allegations against it. Having lost confidence in the Appeal Body, the US unilaterally imposed tariffs on some Chinese goods. China responded by imposing counter tariffs instead of filing a complaint at the WTO. The imposition of tariffs and counter tariffs sparked a trade war between the world‟s largest economies. The US also blocked the appointment of judges into the Appeal Body thereby paralysing its activities. Without a functional Appeal Body, the WTO‟s Dispute Settlement Body cannot enforce Panel decisions once an appeal has been filed thereby leaving the successful party with a barren judgement. This research therefore examined the legal implications of the actions of the US and China on the dispute resolution system of the WTO, the legal consequences of the absence of the WTO Appellate Body and the legal options available to other WTO members since the US has refused to allow the appointment of new judges into the Appeal Body. The research adopted as methodology the doctrinal approach which entailed the use of statutes, case laws, journals, books and internet sources. The research finds that (a) theUS has successfully paralysed the Appeal Body by refusing to consent to the appointment of judges into the Appeal Body;(b) The absence of the Appeal Body has destroyed the WTO as members lacked the motivation to obey the rules in the absence of an adjudicatory body that will enforce the rules; (c) that although the WTO members have the option to resolve trade disputes using arbitration, Preferential Trade Agreements or Bilateral and multilateral consultations not to appeal panel decisions, none of alternatives has sufficiently replaced the WTO Appeal Body. The research made far reaching recommendations including; (a) that members should strive to ensure that WTO Appeal Body functions; (b)adoption of the option of voting to fill Appeal Body vacancies; (c)amendment of the WTO agreement and the Dispute Settlement Understanding to accommodate the differences between state and market economies,
dc.identifier.urihttps://kubanni.abu.edu.ng/123456789/13226
dc.language.isoen
dc.titleANALYSIS OF THE LEGAL EFFECTS OF THE US-CHINA TRADE WAR ON THE WORLD TRADE ORGANISATION’S DISPUTE RESOLUTION MECHANISM
dc.typeThesis
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