scholarly journals Observing European Union Rejection of Indonesia's Crude Palm Oil Exports from the Most Favored Nation and Quantitative Restriction Principles

2020 ◽  
Vol 9 (3) ◽  
pp. 905
Author(s):  
Atik KRUSTIYATI ◽  
Sylvia JANISRIWATI ◽  
Novela CHRISTINE ◽  
Mokhamad Khoirul HUDA

Crude palm oil is one of the main commodities exported by Indonesia to several countries, including European Union. The European Union has pushed through several laws regarding climate change, including the Renewable Energy Directive II. The regulation supplementing the Renewable Energy Directive II has also been adopted by the European Commission, making the criteria for determining the high indirect land-use change-risk feedstock in Commission Delegated Regulation (EU) 2019/807. The objective of this paper is to observe if the measure taken by European Union on determining the indirect land-use change-risk feedstock has satisfied the existing WTO trade principles, the principle of most favored nation and the principle of quantitative restriction. The determining criteria in Commission Delegated Regulation (EU) 2019/807 is trade restrictive and discriminating to the export of crude palm oil, as crude palm oil is the only feedstock that falls under the criteria of high indirect land-use change-risk feedstock. The regulation has impact for the consumption of crude palm oil in Member states of European Union should be gradually reduced 0% by 2030 at the latest.  As the provision on General Agreement on Tariffs and Trade embodies the principle of non-discrimination, the result of the study shows the Commission Delegated Regulation (EU) 2019/807 has violated the international trade principles. Furthermore, the general exceptions of GATT 1994 contained in Article XX (b) also doesn’t justify the measure.

2020 ◽  
Vol 2 (2) ◽  
pp. 127-155
Author(s):  
Jevon Natashya

Beside Malaysia, Indonesia is also one of the largest Crude Palm Oil (CPO) producer and exporter in the world. European Union is one of Indonesia’s trading partner and the biggest importer of CPO that used for the biofuel production, especially the biodiesel for transportation sector. But, in 2009, European Union released the Renewable Energy Directive (RED) that required all members to used renewable energy for every sector with the minimum requirement 20% for general sectors and 10% for transportation sectors. While this policy will make the European Union countries used the clean energy, RED became a new kind of NonTariff barriers for Indonesia’s CPO that become an important commodity from Indonesia. This paper will explain by the theory of International Political Economy (IPE) by focused into the Neo-Mercantilism to the analysis of Non-Tariff barriers that used by European Union for the CPO import into Indonesia. Besides that, the writer also used a National Interest concept to explain the importance of CPO for Indonesia and European Union Countries that agreed with the RED.


2019 ◽  
Vol 2 (2) ◽  
pp. 92-114
Author(s):  
Herry Wahyudi

Uni Eropa (UE) merupakan lembaga yang paling diakui dan dipercaya didunia dalam kaitannya terhadap “Ekolabel” yang dikenal sebagai label yang mengidentifikasi preferensi lingkungan dari keseluruhan produk (barang atau jasa) dalam kategori produk berdasarkan pertimbangan siklus hidup, meskipun UE bersifat sukarela, ratusan perusahaan di seluruh Eropa telah bergabung terkait daya saing dan komitmen UE terhadap lingkungan. Oleh karena itu, Uni Eropa memiliki mekanisme kebijakan yang kompleks dan rumit. Mekanisme kebijakan eco-labelling meliputi serangkaian persyaratan serta alur birokratis yang harus dipenuhi agar suatu produk dapat mendapatkan izin untuk beredar dalam wilayah yurisdiksi Uni Eropa. Renewable Energy Directive (RED) merupakaN salah satu mekanisme yang dikeluarkan oleh Uni Eropa terhadap produk CPO Indonesia yang berdampak terhadap menurunnya ekspor produk CPO Indonesia ke kawasan tersebut. Tulisan ini akan membahas RED sebagai mekanisme yang menekankan CPO Indonesia untuk tidak dapat masuk ke Uni Eropa dalam perspektif Hukum Internasional. Tulisan ini bersifat deskriptif dengan menggunakan metode kualitatif. Hasil dari tulisan ini menunjukkan bahwa penggunaan RED oleh Uni Eropa digunakan sebagai alat penekan untuk produk CPO Indonesia yang akan di ekspor ke kawasan tersebut. Kata Kunci: Crude palm Oil (CPO), Indonesia, International Law, Renewable Energy Directive (RED), The European Union.


2021 ◽  
Vol 13 (9) ◽  
pp. 4599
Author(s):  
Mohd Alsaleh ◽  
Muhammad Mansur Abdulwakil ◽  
Abdul Samad Abdul-Rahim

Under the current European Union (EU) constitution approved in May 2018, EU countries ought to guarantee that estimated greenhouse-gas releases from land use, land-use change, or forestry are entirely compensated by an equivalent accounted removal of carbon dioxide (CO2) from the air during the period between 2021 and 2030. This study investigates the effect of sustainable hydropower production on land-use change in the European Union (EU28) region countries during 1990–2018, using the fully modified ordinary least squares (FMOLS). The results revealed that land-use change incline with an increase in hydropower energy production. In addition, economic growth, carbon dioxide emissions, and population density are found to be increasing land-use changes, while institutional quality is found to be decreasing land-use change significantly. The finding implies that land-use change in EU28 region countries can be significantly increased by mounting the amount of hydropower energy production to achieve Energy Union aims by 2030. This will finally be spread to combat climate change and environmental pollution. The findings are considered robust as they were checked with DOLS and pooled OLS. The research suggests that the EU28 countries pay attention to the share of hydropower in their renewable energy combination to minimize carbon releases. Politicians and investors in the EU28 region ought to invest further in the efficiency and sustainability of hydropower generation to increase its production and accessibility without further degradation of forest and agricultural conditions. The authorities of the EU28 region should emphasize on efficiency and sustainability of hydropower energy with land-use management to achieve the international commitments for climate, biodiversity, and sustainable development, reduce dependence on fossil fuel, and energy insecurity.


Yuridika ◽  
2021 ◽  
Vol 36 (3) ◽  
pp. 509
Author(s):  
Amanda Fadhilla Chairunisa ◽  
Imam Haryanto

International economic relations sure is very important for a country and the important thing that follows is the policy that regulates international economic relations it self. In this study, the authors will analyze hows  Renewable Energy Directive II (RED II) policy as a derivative of the RED (Renewable Energy Directive) policy by the European Union will affect the Indonesian palm oil trade which this also would show the violations of previous policies that is General Agreement on Tarifs and Trades. Authors also going to show General Agreement on Tariffs and Trade (GATT) as a policy that regulates how international trade relations should be carried out and the violations of this international agreement undoubtedly could affect Economic relations between the two countries, both on a micro scale and macro scale. In conducting the research authors will be using the normative juridical methods which means the legal research will be based off library materials and secondary materials therefore the main result from this study would be a reflection of how RED II can affect trade in indonesian palm oil products and also by effecting this regulation in 2021 the european union will be violating the non-discrimination principle in GATT 1947.


2016 ◽  
Vol 138 (1-2) ◽  
pp. 253-266 ◽  
Author(s):  
Stefan Frank ◽  
Hannes Böttcher ◽  
Mykola Gusti ◽  
Petr Havlík ◽  
Ger Klaassen ◽  
...  

2021 ◽  
Vol 31 (2) ◽  
pp. 103
Author(s):  
Maretha Syawallin Umarach

Introduction: The policy issued by the European Union is the Renewable Energy Directive (RED) that turn creates barriers to palm oil exports from other countries to the European Union. The policy to ban palm oil under the pretext of protecting the environment is considered to be a new obstacle to trade. One of the rejection responses came from the ASEAN region. However, even though it has received a lot of protests and rejections, until 2020 the European Union has not changed its policy regarding the ban on the use of palm oil for biodiesel in the European region.Methods: This article focuses on the reasons for the European Union implementing protectionism policies towards the Palm Oil sector in the ASEAN region. The explanation regarding this focus is explained using the Neo Mercantilism approach.Results: The policy to ban palm oil imports can be analyzed to respond to the EU's ambition and concern that the climate emergency will jeopardize the trade process in the future. The European Union research group considers that oil palm plants have a high contribution to the problem of deforestation and forest and peatland diversion in the world, especially ASEAN. Howeever, it can also be seen that there are ambitions to protect the domestic production of biofuels from the EU sunflower and radishes from global competition. The above concerns and motivations then prompted the European Union to formulate protectionism for regional economic stability.Conclusion and suggestion: ASEAN, especially Indonesia and Malaysia, have become quite vocal actors in responding to this policy. Indonesia and Malaysia are the biggest contributors of palm oil exports to Europe. As well as causing an oversupply of global palm oil supplies, this policy is considered to discriminate against and violate free-trade norms.


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