ANALISIS YURIDIS ARGUMENTASI INDONESIA BERDASARKAN WORLD TRADE ORGANIZATION AGREEMENTS DALAM SENGKETA LARANGAN EKSPOR NIKEL

Meisya P., Yoana Rika (2024) ANALISIS YURIDIS ARGUMENTASI INDONESIA BERDASARKAN WORLD TRADE ORGANIZATION AGREEMENTS DALAM SENGKETA LARANGAN EKSPOR NIKEL. S1 thesis, Universitas Atma Jaya Yogyakarta.

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Abstract

The nickel export ban dispute between Indonesia and the European Union under dispute number DS592-Raw Materials, has already reached the appeal process to the WTO Appellate Body. This research analyses whether the principle of justice and the provisions of special and differential treatment for developing country members of the WTO can be applied as a justification for Indonesia's nickel export ban. The research method used is normative legal research, by applying WTO law such as the General Agreement on Tariff and Trade 1994, Understanding on rules and procedures governing the settlement of disputes, Doha Ministerial Declaration 2001, and the Agreement on Technical Barriers to Trade. The final panel report concluded that Indonesia's nickel ore export ban and domestic processing requirement were inconsistent with Article XI of the GATT 1994, and that Indonesia was required to bring its measures into conformity with the GATT 1994. The sources of international law that can also be applied in this nickel export ban dispute are the principles of justice and the provisions on special and differential treatment for developing and least-developed countries that are members of the WTO. This research finds that the principles of justice and the provisions of special and differential treatment for developing countries in the nickel export ban dispute can be applied as justification for Indonesia's nickel export ban. Considering the needs of Indonesia as a developing country in the early stages of nickel industry development, the nickel ore export ban and domestic processing requirement policy aim to ensure domestic nickel supply, as well as increase the export value of semifinished and finished nickel products. The application of special and differential treatment provisions for developing country members of the WTO can achieve justice in international trade practices involving Indonesia as a developing country with the EU, whose member countries are all developed countries.

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