MECHANISM FOR ENFORCING ANTI-DUMPING RULES IN THE DISPUTE SETTLEMENT BODY (DSB) AS THE PART OF WORLD TRADE ORGANIZATION: CASE STUDY DS 491 ON ANTI-DUMPING AND COUNTERVAILING MEASURES ON CERTAIN COATED PAPER BETWEEN INDONESIA AND UNITED STATES (US)
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Institusion
Universitas Katolik Soegijapranata
Author
DEWI, ARDIANI KUSUMA
Subject
340 Law
Datestamp
2024-05-20 06:25:12
Abstract :
ABSTRACT Indonesia is a member of the World Trade Organization (WTO). As a member of the WTO, it is only natural that Indonesia complies with all the rules made by the WTO. In international trade activities carried out by several countries, trade disputes are common. There are various disputes in international trade, one of which is the dumping dispute. All international trade disputes can be resolved bilaterally or through the WTO Dispute Settlement Body (DSB). Dispute settlement through the WTO DSB must be based on the Dispute Settlement Understanding. Indonesia, which is a member of the WTO, has had several disputes with other countries at the WTO. In 2015, Indonesia had a dispute with the United States related to anti-dumping and countervailing measures on certain coated paper, this dispute was resolved through the WTO with case number DS 491. In the conclusion of the settlement of case DS 491 listed on the WTO website, it seems that the settlement of this dispute is not in line with the DSU. Thus, through this there are two problems in this study: (1) how does the WTO regulate anti-dumping and enforce the anti-dumping policy? and (2) how was the anti-dumping regulation implemented by the DSB-WTO in the case of antidumping and countervailing measures on certain coated paper between Indonesia and the US?. This research is a literature research with the research method is normative juridical and has an analytical descriptive nature. The object of this research is anything related to the WTO's regulation of the anti-dumping rules. The materials used in this research are international trade regulations, journals, books, internet and English dictionaries. After all the necessary data is collected, the method used to analyze this data is a qualitative method. The results of this study, (1) The regulation of anti-dumping measures is regulated by the WTO through Article VI of the GATT and the Ant-Dumping Agreement, then for arrangements related to the enforcement of this anti-dumping policy is regulated in the DSU, (2) In this DS 491 case, the panel has analyzed the anti-dumping and countervailing measures case on certain coated paper between Indonesia and the US in accordance with Article 17.6 of the DSU, where in deciding this case the panel based it on the arguments, facts, and evidence submitted by the disputing parties. The application of each procedure in the settlement of this DS 491 case is not in accordance with the provisions of the DSU, where the panel and the disputing parties have exceeded the time limit specified in the DSU. Keywords: World Trade Organization, case DS 491, anti-dumping, countervailing measures
ABSTRACT Indonesia is a member of the World Trade Organization (WTO). As a member of the WTO, it is only natural that Indonesia complies with all the rules made by the WTO. In international trade activities carried out by several countries, trade disputes are common. There are various disputes in international trade, one of which is the dumping dispute. All international trade disputes can be resolved bilaterally or through the WTO Dispute Settlement Body (DSB). Dispute settlement through the WTO DSB must be based on the Dispute Settlement Understanding. Indonesia, which is a member of the WTO, has had several disputes with other countries at the WTO. In 2015, Indonesia had a dispute with the United States related to anti-dumping and countervailing measures on certain coated paper, this dispute was resolved through the WTO with case number DS 491. In the conclusion of the settlement of case DS 491 listed on the WTO website, it seems that the settlement of this dispute is not in line with the DSU. Thus, through this there are two problems in this study: (1) how does the WTO regulate anti-dumping and enforce the anti-dumping policy? and (2) how was the anti-dumping regulation implemented by the DSB-WTO in the case of antidumping and countervailing measures on certain coated paper between Indonesia and the US?. This research is a literature research with the research method is normative juridical and has an analytical descriptive nature. The object of this research is anything related to the WTO's regulation of the anti-dumping rules. The materials used in this research are international trade regulations, journals, books, internet and English dictionaries. After all the necessary data is collected, the method used to analyze this data is a qualitative method. The results of this study, (1) The regulation of anti-dumping measures is regulated by the WTO through Article VI of the GATT and the Ant-Dumping Agreement, then for arrangements related to the enforcement of this anti-dumping policy is regulated in the DSU, (2) In this DS 491 case, the panel has analyzed the anti-dumping and countervailing measures case on certain coated paper between Indonesia and the US in accordance with Article 17.6 of the DSU, where in deciding this case the panel based it on the arguments, facts, and evidence submitted by the disputing parties. The application of each procedure in the settlement of this DS 491 case is not in accordance with the provisions of the DSU, where the panel and the disputing parties have exceeded the time limit specified in the DSU. Keywords: World Trade Organization, case DS 491, anti-dumping, countervailing measures
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20.C1.0099 - ARDIANI KUSUMA DEWI - COVER_a.pdf
20.C1.0099 - ARDIANI KUSUMA DEWI - BAB I_a.pdf
20.C1.0099 - ARDIANI KUSUMA DEWI - BAB II_a.pdf
20.C1.0099 - ARDIANI KUSUMA DEWI - BAB III_a.pdf
20.C1.0099 - ARDIANI KUSUMA DEWI - BAB IV_a.pdf
20.C1.0099 - ARDIANI KUSUMA DEWI - DAFTAR PUSTAKA_a.pdf
20.C1.0099 - ARDIANI KUSUMA DEWI - LAMPIRAN_a.pdf
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