RETALIASI WORLD TRADE ORGANIZATION (WTO) SEBAGAI BENTUK PERLINDUNGAN HUKUM DALAM RANAH PERDAGANGAN INTERNASIONAL
Dispute settlement system is the most important in the field of international trade because it is not possible an international trade relations can always be implemented fluently without any dispute. Similarly, in the WTO, in carrying out its trading activities, often there are disputes among the me...
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| Main Authors: | , |
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| Format: | Theses and Dissertations NonPeerReviewed |
| Published: |
[Yogyakarta] : Universitas Gadjah Mada
2013
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| Subjects: | |
| Online Access: | https://repository.ugm.ac.id/123503/ http://etd.ugm.ac.id/index.php?mod=penelitian_detail&sub=PenelitianDetail&act=view&typ=html&buku_id=63615 |
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| Institution: | Universitas Gadjah Mada |
| Summary: | Dispute settlement system is the most important in the field of
international trade because it is not possible an international trade relations can
always be implemented fluently without any dispute. Similarly, in the WTO, in
carrying out its trading activities, often there are disputes among the members.
Therefore, one of the main functions of which is also the main goal of the WTO is
to finish international trade disputes. Here WTO as a negotiating forum for its
members have a system dispute settlement decanted in The Understanding on Rules
and Procedures Governing the Settlement of Disputes (DSU). DSU aims to provide
specific procedures for dispute resolution for all agreements under the WTO
Agreement.
WTO requires the members to submit the trade solutions disputes to
Dispute Settllement Body (DSB) of the WTO, which is specifically deal with
dispute. DSB is the only body that has the authority to form the panel which
consist of the experts tasked with reviewing cases in dispute. DSB can accept or
reject the panel ruling or decision on appeal level. Not only that, DSB also
authorized for monitoring and watching the implementation of decisions and
recommendations and authorize retaliation when a country does not comply with a
ruling.
Retaliation is retribution action in the field of trade between state within
the WTO framework is done by a country as a result of not achieving an
agreement in dispute settlement process. In other words, Retaliation is done as a
last resort when in a dispute resolution, compliance efforts concession can not be
achieved within a specified time frame. In practice in the WTO, retaliation really
rare by the members. Only a few countries that dare to take retaliation measures. |
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