WTO Dispute Settlement Crisis and Its Impact on the US–China Trade Conflict (2019–2025): A Public International Law Perspective

Abstract

The systemic crisis in the multilateral trading system has caused by the paralysis of the World Trade Organization (WTO) Appellate Body since 2019. This paper reviews the impact of the disintegration of the WTO dispute settlement mechanism on the United States-China trade conflict on the period between 2019 and 2025. The research is conducted using a doctrinal and qualitative research design to examine the WTO agreements, the jurisprudence of dispute settlement and significant disputes such as DS543: United States - Tariff Measures on Certain Goods from China. The results indicate that the lack of a working appellate system weakened adherence to WTO regulations, facilitated the appeal into the void, and promoted unilateral trade policies. The trade war between the US and China escalated due to tariffs, retaliation, and the incomplete effectiveness of the Phase One Agreement. The research concludes that the WTO dispute settlement system is necessary to be restored to maintain multilateral trade governance.