China University of Political Science and Law, Beijing
Keywords:
International trade disputes; Rule-making power; Legal countermeasures; Multilateral order
Abstract:
In the era of the ebb of globalization and the disorder of rules, the United States has launched a legal confrontation with China under the name of “fair trade”, which not only exposes the deep-seated crisis of the multilateral system of the WTO, but also indicates the need for strategic reconstruction of the rule-making power in emerging fields. In the face of the rule hegemony challenges initiated by the United States through domestic law unilateralism, the generalization of security exceptions, industrial subsidies and other means, this article, based on the deconstruction of law, reveals the essence of the “struggle for rule-making power” behind the trade war by dissecting core disputes such as the legal contradictions of the Section 301 investigation, the expansionary interpretation of security exceptions, and the disconnection of industrial subsidy rules. It strives to construct a legal response ranging from WTO litigation strategies to domestic blocking legislation, from corporate compliance guidelines to the reshaping of international rules, providing institutional solutions for curbing the abuse of unilateralist legal tools.