Legal Analysis Pertaining the Discrimination of the Development of 5G Technologies (Study Case United States vs China)

Saputra, Muhammad Samsu (2023) Legal Analysis Pertaining the Discrimination of the Development of 5G Technologies (Study Case United States vs China). Master thesis, Universitas Internasional Batam.

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Abstract

The objectives of this research is to analyse if United States and China already fulfilling their responsibilities to WTO Principles and GATT ruling then to analyse what is United States bases for banning Huawei and can it be justified under WTO Principles and GATT ruling and to analyse why China does not complain to WTO regarding this discrimination against Huawei. Researcher is using the normative legal research as the research method to the approach of researching this matter. Because researcher research types is normative legal research that fall within the category of legal principles research, of course researcher will use library research and document study techniques to collect the legal material needed within this research, then researcher will use descriptive method to present the data that have been researched. As a result of this research, researcher can conclude that with regard to the basic trade principles adhered under WTO, United States is not paying any reverence to even a single principle whereas in contrast China is showing full cooperation to the basic principles of trade by WTO. United States also starting the trade ban war with China just from a couple of concerns from their officials which is a solid fact that this action by itself is already violating article I of GATT. Lastly United States action to paralyze WTO Dispute Settlement Mechanism by keeping to rejects any kind of admission into WTO Appellate Body making the case that is being appealed to WTO being unable to be processed as their Appellate Body is currently not having a single active member to process the appeal. Keywords: Discrimination, Ban, 5G, WTO

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