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All Journal Sriwijaya Law Review Journal of Law and Policy Transformation
Gita Venolita Valentina Gea
University of Surabaya
Decision Sciences, Operations Research & Management Law, Crime, Criminology & Criminal Justice Social Sciences Other

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ANTI-DUMPING MEASURE AS TRADE REMEDY: THE DOMINATION OF INTERNATIONAL TRADE DISPUTES Gita Venolita Valentina Gea
Journal of Law and Policy Transformation Vol 8 No 1 (2023)
Publisher : Universitas Internasional Batam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37253/jlpt.v8i1.7646

Abstract

WTO as the only international organization in the scope of public international trade also governs on dumping which found both on the GATT and Anti Dumping Agreement (ADA). Anti-dumping measures may applied as a trade remedy by a state member against other state member accused for practicing dumping. However, former research found that the number of trade disputes before the DSB WTO were mostly caused by anti-dumping measures and turned out that those measures were violating the regulations. This research aims to figure out on how does anti-dumping measures contribute on the escalation and domination of the international trade disputes. Findings from this research shows that before imposing an anti-dumping measure, the state members may determine the practice of dumping practice. The determination is self-claimed under the national authority and later the state may impose temporary anti-dumping measures. After complaints filed to the DSB WTO by the accused state, it is often proved that no dumping practice was ever carried out and the anti-dumping measures turned out to be a violation. This one-sided claim with no third party to re-examine and give approval, may cause further injuries and disrupts the climate of international trade. Hence, the WTO needs to play its role on figuring out and providing a new way out.
The Paradox of Downstream Mining Industry Development in Indonesia: Analysis and Challenges Atik Krustiyati; Gita Venolita Valentina Gea
Sriwijaya Law Review Volume 7 Issue 2, July 2023
Publisher : Faculty of Law, Sriwijaya University, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/slrev.Vol7.Iss2.2734.pp335-349

Abstract

Development of downstream on the mining industry has been encouraged by the government of Indonesia these past years. With the increasing demand for nickel ore, the government focused on implementing downstream in this sector. Establishing an export ban and domestic processing requirement on nickel ore caused the EU to challenge Indonesia before the DSB WTO. In its report to the Panel, it was concluded that Indonesia had violated the provisions of GATT 1994. While it is understandable that Indonesia has absolute sovereignty over its natural resources, it is also bounded to international organisations and regulations, for it has expressed its consent. This paper aims to examine the analysis by the Panel on what caused Indonesia to decide as the losing party and how Indonesia would implement the development downstream in the middle of its sovereignty and obligations on an international level. Through a juridical normative method, it is concluded that Indonesia had failed to comply with the provisions of GATT 1994 that obliged it. It does not mean it has no sovereignty towards its natural resources, for it has agreed to be bound by the provisions. In order to exercise downstream development, it is recommended that Indonesia create national policies or regulations related to adhering to the provisions of the WTO. A cautious approach to governing the downstream may prevent potentially damaging disputes.
Co-Authors Atik Krustiyati