Muhandis Habiburrahim. A JURIDICAL ANALYTIC ON INDONESIAN NICKEL ORE EXPORT RESTRICTION BASED ON ARTICLE XI:1 GENERAL ELIMINATION OF QUANTITATIVE RESTRICTION OF GATT 1994. Banda Aceh : Fakultas Hukum Universitas Syiah Kuala, 2020

Abstrak

To support the liberalization of international trade there are principles used in the international trading especially in the part of export and import that are: no discrimination, freer, predictable and so on. in fact, export restrictions on natural resources and foodstuffs have been raised recently as a problem issue in terms of international trade. where in this research indonesia already applied nickel ore export restriction and eu argued indonesia violated article xi: 1 then eu filed a lawsuit indonesia to the wto. this research aims to explain implementation of export restrictions in wto, especially export restriction in article xi of gatt 1994. in order to know whether it is possible to use export restriction provision in article xi: 2 in tackling the argument that used by eu that is article xi: 1 that there is no export restriction in wto and to know what are the requirements in implement the export restriction provision in indonesia based on article xi: 2. this is normative

Baca Juga : THE ROLE OF ARTICLE XX OF THE GENERAL AGREEMENT ON TARIFFS AND TRADE (GATT) 1994 IN COMBATING ILLEGAL FISHING ACTIVITY: A CASE STUDY OF THE UNITED STATES OF AMERICA (Intan Purnama, 2017) ,

Baca Juga : EUROPEAN UNIONíS RENEWABLE ENERGY DIRECTIVE II TOWARDS INDONESIAíS PALM OIL FROM WORLD TRADE ORGANIZATIONíS NATIONAL TREATMENT PERSPECTIVE (RUHAYA AZZAHRA, 2020) ,

legal research. where analysis the relationship between rules, explain areas of difficulty and, perhaps, predict future development of the gatt article xi (1). the research shows that export restriction provisions are not totally prohibited, where there are numerous provisions regulated about export restrictions itself, for instance article xx regulated on protection environment, human health and etc. in side of this research, indonesia filed a lawsuit by eu because the policy made by indonesia on nickel ore export restriction, then indonesia can use some provisions that stated wto/gatt law especially in article xi: 2 (a) of gatt 1994 to be legal standing in the dispute settlement where it said the provision in article xi: 1 shall not apply to article xi: 2, so indonesia can apply export restriction policy. fortunately, indonesia fulfilled the requirements stated in that article. finally, a country can apply export restrictions policy, and should so care to look at the requirements consist in the provisions in wto law before apply it, in order to make trade stability and certainty. in side of indonesian dispute, to make this legal standing more powerful especially in article xi: 2 (a) to use by indonesia in the dispute settlement, it already fulfilled two requirements that are essential product and critical shortage. so, indonesia has to fulfill the last one, time limit. despite indonesia just applied to this export restriction provision it will very helpful to indonesia when giving an argument and evidence in the dispute settlement

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