The new US tariff policy from a WTO law perspective: assessment and approach

The tariffs imposed by the Trump Administration on April 2, 2025 “Liberation Day” and on April 9, 2025 with a flat rate of 10% violate WTO tariff bindings of the United States. These tariffs violate Art. I, II and XXVII GATT and cannot be justified by national security concerns (Art. XXI) or general exceptions (Art. XX GATT). Members affected should build a coalition and turn to coordinated consultations and dispute settlement at the WTO, rather than engage in bilateral and asymmetrical negotiations outside the WTO. The paper in German from Prof. Dr. Thomas Cottier (emeritus) particularly focuses on Switzerland.