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Journal of International Trade Law and Policy: Indonesia’s nickel export restriction policy: alternative on environmental approach for Article XI:1 GATT justification
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Abstract
Purpose – This paper aims to analyse the aspects of the demonstration process of Indonesia’s regulation on
nickel export restriction for its eligibility to be excluded from Article XI:1 GATT. It also analyses the
possibility of the use of an environmental approach in the demonstration process and for an alternative
measure in its implementation.
Design/methodology/approach – The paper uses a normative research method in conducting its
analysis. It analyses Indonesia’s nickel export restriction policy based on the European Union’s claim
regarding quantitative restriction, with the international trade governance in the WTO framework, and
certain international trade principles. The study also involves certain WTO jurisprudence to give a
comprehensive analysis to the case.
Findings – This paper finds that Indonesia still needs to provide a complete and comprehensive
demonstration to prove its eligibility for exclusion from Article XI:1. Demonstrating merely based on an
economic approach is inadequate to convince the panel in Indonesia – measure relating to raw material for
justification under Article XI:2. This study further finds that both parties generally focus on the economic
aspect, which leaves room for conflict of interest. Other aspects with a lower probability of conflict of interest,
such as the environmental approach, could be an alternative for the implementation.
Originality/value – This paper fulfils the need to provide a scientific analysis of the application of
Indonesia’s nickel export restriction policy, including its proceedings in WTO’s dispute settlement body,
which is essential for international trade governance enforcement.
NONE
Text
ENGLISH
EMERALD INSIGHT
2023
ENGLAND
JURNAL ILMU HUKUM
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APA Citation
Rainer Marampa Bari. (2023).Journal of International Trade Law and Policy:
Indonesia’s nickel export
restriction policy: alternative on
environmental approach for
Article XI:1 GATT justification.(Electronic Thesis or Dissertation). Retrieved from https://localhost/etd