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Understanding the trade war: Are tariffs legal or illegal?

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When a product is imported into a territory, it is subject to a customs duty, meaning that when it crosses the border, this tax—this customs duty—is imposed on the product.
And each country has its own customs duties. So, each country determines how much it wants to impose on this, this, this, and that product.
Customs duties are allowed. All countries have the right to set whatever customs duties they want. But we will still put a little pressure on them. We will ensure that we want to lower customs duties gradually. And so, between 1947 and today, we have had several negotiation cycles where customs duties have been gradually reduced; each state does it for the products it wants, and once they have been lowered, they are consolidated and put into tariff schedules, which are international treaties.
And so, once we have lowered our customs duties, consolidated them into a tariff schedule, and said, “Well, when I import this product, it’s 0.1% or it’s 2% or it’s 5%,” we no longer have the right to go beyond that.
And that is why what Donald Trump is doing is illegal with regard to his international commitments, the commitments of the United States. The United States is part of the World Trade Organization and has committed to never exceeding the customs duties they themselves have consolidated, which is why they themselves have committed.
And I would go even further: not only are they part of the World Trade Organization, so they owe these customs duties to all WTO member countries—165 other members—but they have also committed under free trade agreements. And under these free trade agreements, well, most customs duties have been reduced to zero.
In our Canada-United States-Mexico free trade agreement, we would say that about 99% of tariff lines provide for customs duties of 0%, duty-free. So, they do not have the right to impose additional customs duties on steel, aluminum, softwood lumber, other products, automobiles, or any product.
They must respect what they have committed to.

Legal or illegal, the tariffs imposed by the United States on Canadian products, including steel, aluminum and softwood lumber?

Geneviève Dufour, a professor in the Civil Law Section at the University of Ottawa and an expert in international trade, explores the concepts of tariffs and tariff schedules in light of the rules of the World Trade Organization and free trade agreements.

“The United States is a member of the World Trade Organisation. They have undertaken never to go beyond the tariffs that they themselves have consolidated”, she explains.

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About the Researcher
Geneviève Dufour
Full Professor, Faculty of Law, Civil Law Section, University of Ottawa

Geneviève Dufour has been a professor at the Civil Law Section of the University of Ottawa since 2023, after teaching at the University of Sherbrooke from 2008 to 2023. A recognized expert in international trade law, her research focuses on the interactions between trade, the environment, and human rights. She is an influential figure in international trade negotiations, having served as an observer at WTO negotiations and as a member of the delegations of Benin and Cameroon. She has been the editor of the international trade law section of the *Canadian Yearbook of International Law* since 2021. Professor Dufour has published over 100 articles and organized more than 40 academic events. She is also the president of the Network of Francophone Legal Clinics and a member of the WTO’s Gender Equality Research Center. She is regularly sought after by the media for her expertise. Her current research explores how trade law can promote more sustainable, inclusive, and human rights-respecting trade practices.

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