Trade wars, economic warfare, and the law

Abstract

AbstractThe chapter describes the rules in force of international law concerning sanctions, trade war, and economic warfare as practised until 1945. It deals with the UN Charter, the Additional Protocols to the Geneva Conventions, the San Remo Manual on the Law for Armed Conflict at Sea, the judgement by the International Court of Justice with regard to US measures against Nicaragua, and the rules of the General Agreement on Tariffs and Trade (GATT) and the World Trade Organization (WTO). It explains the principles of most-favoured-nation and of national treatment and examines the state of the law regarding trade restrictions for reasons of national security. It describes the WTO procedures for settling trade disputes and reports the criticism of WTO practice and the cause for WTO reform. It highlights the positions of the United States and the European Union regarding reform and regarding Chinese behaviour that may violate the letter or the spirit of the WTO regime.