scholarly journals Implikasi Prinsip Most Favoured Nation terhadap Pengaturan Tarif Impor Di Indonesia

Wajah Hukum ◽  
2018 ◽  
Vol 2 (1) ◽  
pp. 29
Author(s):  
Dony Yusra Pebrianto
Keyword(s):  
International Trade ◽  
World Trade Organization ◽  
International Law ◽  
Trade Liberalization ◽  
World Trade ◽  
The World ◽  
National Production

The existence of trade liberalization are faced with the fact that competition in the trade of countries particularly in this export and import kian feels very rapidly. The existence of instruments of international law contained in the General Agreement on the set fee and Trade (GATT) becomes an important point in the conception of international trade arrangements for States parties who joined GATT in the World Trade Organization (WTO). So the principles inherent in the preparation of the concept of a national law for countries that have ratified GATT. Indonesia one of the countries that have ratified GATT would of course be bound by those principles, one of which is the principle of Most Favoured Nation tariff arrangements that implicates to import in Indonesia. So the protection of local commodities closed chances though limited to keep the continuity of the national production. 

Sources of International Trade Law

2018 ◽  
Author(s):  
Joost Pauwelyn
Keyword(s):  
International Trade ◽  
World Trade Organization ◽  
International Law ◽  
World Trade ◽  
General Rule ◽  
Trade Law ◽  
International Trade Law ◽  
Limited Role ◽  
The World ◽  
Legal Positivist

This chapter argues that the World Trade Organization (WTO) approach to sources of law is legal-positivist, non-teleological, and focused predominantly on the text of WTO covered agreements as explicitly agreed to by WTO members. This approach places heavy reliance on a de facto rule of precedent and an increasing role for non-binding instruments, with little or no reference to academic writings and a limited role for non-WTO rules of international law other than mainly procedural rules of general international law. Moreover, the WTO’s sources doctrine remains relatively traditional or mainstream. It is difficult to speak of a WTO- or trade-specific ‘deviation’ from the general rule of recognition regarding the establishment of sources. At the same time, the WTO experience does have specific features, with a more prominent role for some sources over others and some pushing of the boundaries when it comes to certain less traditional sources of international law.

scholarly journals The implication of the precautionary principle on international trade

2021 ◽  
Author(s):  
◽  
Fitria Anindhita H. Wibowo
Keyword(s):  
International Trade ◽  
World Trade Organization ◽  
International Law ◽  
Precautionary Principle ◽  
World Trade ◽  
The Precautionary Principle ◽  
Trade Law ◽  
International Trade Law ◽  
The World ◽  
Wto Agreements

<p>This paper looks at the origin and nature of the precautionary principle as an emerging principle in international law that arises as a response to the impacts of human activities on the environment. As a chosen focus, this paper discusses the implication of the precautionary principle on international trade by looking at its relationship and interaction with international trade law under the World Trade Organization. This paper explores the consistency and conflicts between the precautionary principle and the rules under the WTO Agreements by examining the different and possibly similar values underlying both. This paper discusses the problem areas where the precautionary principle can conflict with WTO rules as well as explore areas where they can be made to comply with each other.</p>

scholarly journals A RELAÇÃO ENTRE ESTADO E AS ENTIDADES PRIVADAS NA REGULAÇÃO DO COMÉRCIO INTERNACIONAL POR MEIO DOS REGULAMENTOS E PADRÕES PRIVADOS

2021 ◽  
Vol 16 (1) ◽  
pp. 201-220
Author(s):  
Patricia Yurie Dias
Keyword(s):  
International Trade ◽  
World Trade Organization ◽  
International Law ◽  
World Trade ◽  
Dispute Settlement ◽  
Wto Dispute Settlement ◽  
Private Standards ◽  
Complementary Role ◽  
The World

RESUMOO trabalho analisa o papel complementar dos regulamentos e padrões privados dos Estados e das entidades não estatais às regras da Organização Mundial do Comércio (OMC) com o intuito de gerar maior segurança e qualidade para os produtos no âmbito do comércio internacional. A OMC visa promover a liberalização e eliminação da discriminação do comércio internacional. Dessa forma, por meio do estudo de alguns casos submetidos ao Órgão de Solução de Controvérsias (OSC) da OMC, em que pese a maioria dos casos submetidos ao OSC terem tido desfechos distintos, constatou-se que os padrões privados podem complementar as regras da OMC, desde que não sejam medidas protecionistas  disfarçadas de barreiras não tarifárias ao comércio internacional.PALAVRAS-CHAVE: Direito Internacional; Jurisdição Internacional; Padrões privados; Comércio Internacional; OMC.ABSTRACTThe paper examines the complementary role of the private regulations and standards of States and non-state entities to the rules of the World Trade Organization (WTO) in order to promote safety and quality for products in the scope of international trade. The WTO aims to promote the liberalization and elimination of discrimination in international trade. Thus, through the study of some cases submitted to the WTO Dispute Settlement Body (DSB), despite the fact that most cases submitted to the DSB had different conclusions, it was found that private standards can complement the rules of the WTO, if they are not protectionist measures disguised as non-tariff barriers to international trade.KEYWORDS: International Law; International Jurisdiction; Private Standards; International Trade; WTO.

scholarly journals The implication of the precautionary principle on international trade

2021 ◽  
Author(s):  
◽  
Fitria Anindhita H. Wibowo
Keyword(s):  
International Trade ◽  
World Trade Organization ◽  
International Law ◽  
Precautionary Principle ◽  
World Trade ◽  
The Precautionary Principle ◽  
Trade Law ◽  
International Trade Law ◽  
The World ◽  
Wto Agreements

<p>This paper looks at the origin and nature of the precautionary principle as an emerging principle in international law that arises as a response to the impacts of human activities on the environment. As a chosen focus, this paper discusses the implication of the precautionary principle on international trade by looking at its relationship and interaction with international trade law under the World Trade Organization. This paper explores the consistency and conflicts between the precautionary principle and the rules under the WTO Agreements by examining the different and possibly similar values underlying both. This paper discusses the problem areas where the precautionary principle can conflict with WTO rules as well as explore areas where they can be made to comply with each other.</p>

Commentary on the Doha Round: Institutional Issues

2005 ◽  
Vol 5 (4) ◽  
pp. 1850065
Author(s):  
Debra P Steger
Keyword(s):  
International Trade ◽  
World Trade Organization ◽  
International Law ◽  
World Trade ◽  
Dispute Settlement ◽  
Uruguay Round ◽  
Doha Round ◽  
Appellate Body ◽  
The World ◽  
The University

Commentary on Robert Howse's article "WTO Governance and the Doha Round." Debra Steger is Executive in Residence at the University of Ottawa Faculty of Law where she is working to establish a new institute for international law, economy and security in Canada. Previously, she was Senior Counsel with Thomas & Partners, a law firm specializing in international trade and investment matters. From 1995-2001, she served as the founding Director of the Appellate Body Secretariat of the World Trade Organization in Geneva, Switzerland, during which time she helped to establish the Appellate Body as the first appellate tribunal in international trade. She is Chair of the Trade and Customs Law Committee of the International Bar Association, and has been on the executive of the Trade Committee of the International Law Association for the past 10 years. She is also a member of the Editorial Advisory Board of the Journal for International Economic Law. She participates on the Advisory Council of the UNCTAD Project on Building Capacity through Training in Dispute Settlement in International Trade Investment and Intellectual Property as well as the Governing Council of the World Trade Law Association. During the Uruguay Round of Multilateral Trade Negotiations, she was the Senior Negotiator for Canada on Dispute Settlement and the Establishment of the World Trade Organization as well as the Principal Legal Counsel to the Government of Canada for all of the Uruguay Round agreements. From 1991—1995, she was General Counsel of the Canadian International Trade Tribunal in Ottawa, the agency responsible for administering the antidumping, countervail, safeguards, and government procurement legislation in Canada. Her most recent book is entitled: “Peace Through Trade: Building the WTO” which was published by Cameron May International Legal Publishers in 2004. Steger holds an LL.M. from the University of Michigan Law School, an LL.B. from the University of Victoria Faculty of Law, and a B.A. (Honours) in History from the University of British Columbia.

The Reasoning Structure in Legal Disputes on the International Trade of Biotechnology: From a Judicial Balance by Chance to a Judicial Balance by Design

2021 ◽  
pp. 1-16
Author(s):  
Alessandra GUIDA
Keyword(s):  
International Trade ◽  
World Trade Organization ◽  
World Trade ◽  
Technology Innovation ◽  
Global Scale ◽  
Trade Restrictions ◽  
Competing Interests ◽  
The World ◽  
National Economies ◽  
Biotech Products

The international trade in biotech products boosts national economies and advances scientific as well as technology innovation. However, while trading these products increases the spread of benefits on a global scale, it also increases risks to human health and the environment (ie biosafety). This is because the effects of this technology on biosafety are still highly uncertain. Against this background, the judicial bodies under the World Trade Organization (WTO) find themselves in the middle of an intricate and polarised debate in which a proper judicial balance between free trade and biosafety becomes fundamental in order to determine whether requests for ensuring human and environmental health justify trade restrictions. This paper aims to highlight that the WTO is institutionally unready for balancing economic and non-economic values. In suggesting how to rationalise the judicial balance between the competing interests in the context of biotechnology, this paper demonstrates that the judicial adoption of a well-structured proportionality analysis can turn the current balance by chance into a balance by structure.

Does the WTO Need to Change?

2010 ◽  
Vol 109 (730) ◽  
pp. 355-357 ◽  
Author(s):  
Jeffrey J. Schott
Keyword(s):  
World Trade Organization ◽  
Trade Liberalization ◽  
World Trade ◽  
Global Trade ◽  
Doha Round ◽  
The World

The World Trade Organization is in disrepair. To fix it, and thereby boost global trade liberalization, nations must first successfully conclude the Doha Round of talks.

scholarly journals The Effect of Halal Certificate towards Chicken Meat Import between Brazil and Indonesia according to Rule of GATT – WTO

IKONOMIKA ◽  
2019 ◽  
Vol 4 (2) ◽  
pp. 171-180
Author(s):  
Hamzah Hamzah ◽  
Devika Tryza Ayodahya ◽  
MD. Sharifu Haque
Keyword(s):  
International Trade ◽  
World Trade Organization ◽  
Consumer Protection ◽  
World Trade ◽  
National Development ◽  
Chicken Meat ◽  
Food Ingredients ◽  
Muslim People ◽  
The World ◽  
Special Rules

Trade activity is one of the drivers of development in a country in order to obtain national development. In the current era of globalization, trade activities opened among the countries have developed quite rapidly. Indonesia has acquired a spinning wheel in international trade activities. Indonesia is actively involved in several negotiations concerning international trade and actively supports the national development. By becoming a member of the World Trade Organization, Indonesia has carried out important export activities to all parts of the world. Indonesia itself has special rules regarding important goods, specifically about food ingredients. Indonesia stops importing chicken because of the absence of halal labeling on these food ingredients. Indonesia is a country which most of its citizens are Muslim. Food which is consumed for Indonesia Muslim people is not only about safe and healthy but also about halal . Due to this rule, Brazil suffered a quite big loss and filled a lawsuit to WTO. The purpose of this study was to analyze the Indonesian national law regarding halal certification and how to resolve the dispute between Brazil and Indonesia on the issue of importing chicken meat.Keywords: Consumer Protection, Halal Certificate, WTO.

scholarly journals UPAYA MELAWAN PANDEMI COVID-19 DI INDONESIA, STUDI KASUS FASILITAS KEPABEANAN DAN PERDAGANGAN INTERNASIONAL

2021 ◽  
Vol 2 (2) ◽  
pp. 165-173
Author(s):  
Marsanto Adi Nurcahyo ◽  
Ario Seno Nugroho
Keyword(s):  
Qualitative Research ◽  
International Trade ◽  
World Trade Organization ◽  
World Trade ◽  
Research Method ◽  
Secondary Data ◽  
Sharp Decline ◽  
Good Practices ◽  
The World ◽  
Economic Slowdown

The covid-19 pandemic has caused a global economic slowdown. Trade institutions and customs institutions provide facilities that are expected to encourage the economy not to fall into a sharp decline. The World Trade Organization (WTO) and the World Customs Organization (WCO) as world organizations that regulate the movement of goods between countries have also issued instructions for their member countries to deal with this pandemic situation. This study aims to determine how the implementation of customs facilities and international trade during this pandemic. The research method used is a qualitative research method with descriptive techniques. The data used in this study are secondary data such as reports, research, and guidelines. The results of the study show that Indonesia has implemented customs facilities and international trade during this pandemic. This is following the guidelines published by the WTO and WCO, which are world organizations related to international trade. Programs carried out by Indonesia are also carried out by other countries which are good practices in international trade activities. The implication of this research is to recommend the customs institution to continue to increase cooperation with other border agencies in the form of coordinated border management..   Pandemi covid-19 telah membuat perlambatan ekonomi secara global. Institusi perdagangan dan institusi kepabeanan memberikan fasilitas yang tujuannya diharapkan dapat mendorong perekonomian tidak jatuh dalam penurunan yang tajam. World Trade Organization (WTO) dan World Customs Oganization (WCO) selaku organisasi dunia yang mengatur pergerakan barang antar negara juga telah mengeluarkan petunjuk bagi negara anggotanya untuk menghadapi situasi pandemi ini. Penelitian ini bertujuan untuk mengetahui bagaimana implementasi fasilitas kepabeanan dan perdagangan internasional dalam masa pandemi ini. Metode penelitian yang dilakukan adalah metode penelitian kualitatif dengan teknik deskriptif. Data yang digunakan dalam penelitian ini adalah data sekunder seperti laporan, penelitian, dan buku petunjuk. Hasil dari penelitian menunjukkan bahwa Indonesia telah mengimplementasikan fasilitas kepabeanan dan perdagangan internasional selama masa pandemi ini. Hal tersebut sesuai dengan panduan yang diterbitkan oleh WTO dan WCO yang merupakan badan dunia terkait dengan perdagangan internasional. Program yang dilakukan Indonesia juga dilakukan oleh negara lain yang merupakan good practices pada kegiatan perdagangan internasional. Implikasi dari penelitian ini adalah merekomendasikan kepada institusi kepabeanan agar terus meningkatkan Kerjasama dengan badan perbatasan lainnya dalam bentuk coordinated border management.  

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