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Larangan Pembatasan Kuantitatif: Studi Kasus Indonesia – Importation Of Horticultural Products, Animals And Animal Products, Faiz Muhammad Rizky

"Dharmasisya” Jurnal Program Magister Hukum FHUI

Abstract

In 2014, Indonesia implemented measures relating to the importation of horticultural products, animals and animal products which were seen as a trade barrier in the form of quantitative restrictions imposed through the import licensing system. This article analyze whether the panel and appellate body decision in the case of Indonesia - Importation of Horticultural Products, Animals and Animal Products is in accordance with the provisions contained in the WTO legal framework. Indonesia’s policies cannot be justified under WTO legal framework, though there are some exceptions of the quantitative restriction provision.

Keywords: Indonesia, WTO, Import, Licencing, Quantitative Restriction

Larangan Pembatasan Kuantitatif: Studi Kasus Indonesia –Importation Of Horticulturalproducts, Animals And Animal Products, Faiz Muhammad Rizky, Rouli Anita Velentina

Jurnal Hukum & Pembangunan

n 2014, Indonesia implemented measures relating to the importation of horticultural products,animals, and animal products which were seen as a trade barrier in the form of quantitative restrictions imposed through the import licensing system. This article analyzes whether the paneland appellate body decision in the case of Indonesia -Importation of Horticultural Products, Animals and Animal Products under the provisions contained in the WTO legal framework. Indonesias policies cannot be justified under WTO legal framework, thoughthere are some exceptions to the quantitative restriction provision.

Dispute Settlement Under The African Continental Free Trade Area Agreement: A Preliminary Assessment, Olabisi D. Akinkugbe

Articles, Book Chapters, & Popular Press

The African Continental Free Trade Area Agreement (AfCFTA) will add a new dispute settlement system to the plethora of judicial mechanisms designed to resolve trade disputes in Africa. Against the discontent of Member States and limited impact the existing highly legalized trade dispute settlement mechanisms have had on regional economic integration in Africa, this paper undertakes a preliminary assessment of the AfCFTA Dispute Settlement Mechanism (DSM). In particular, the paper situates the AfCFTA-DSM in the overall discontent and unsupportive practices of African States with highly legalized dispute settlement systems and similar WTO-Styled DSMs among other shortcomings. Notwithstanding the transplantation of …

Reaching For Environmental And Economic Harmony: Can Ttip Negotiations Bridge The U.S.-Eu Chemical Regulatory Gap?, Ashley Henson

Georgia Journal of International & Comparative Law

No abstract provided.

Globalization And International Law, Charles A. Hunnicutt

Georgia Journal of International & Comparative Law

No abstract provided.

Administrative Deference To Liberalizing And Maintaining Free Trade: An Argument For Allowing The Department Of Commerce To Bestow Retroactively Calculated Remedies Upon Importers Under Section 129(C)(1) Of The Uruguay Round Agreements Act, Daniel J. Olds

Georgia Journal of International & Comparative Law

No abstract provided.

A Failure To Consider: Why Lawmakers Create Risk By Ignoring Trade Obligations, David R. Kocan Professor

David R. Kocan Professor

The U.S. Congress frequently passes laws facially unrelated to trade that significantly impact U.S. trade relations. These impacts are often harmful, significant, and long-lasting. Despite this fact, these bills rarely receive adequate consideration of how they will impact trade. Without this consideration, Congress cannot properly conduct a cost-benefit analysis necessary to pass effective laws. To remedy this problem, the U.S. Trade Representative should evaluate U.S. domestic law to determine whether it is consistent with international trade obligations. Moreover, the U.S. Congress committee structure should be amended so that laws that might impact trade are considered within that light. In the …

A Fundamental Misunderstanding: Fcc Implementation Of U.S. Wto Commitments, Laura B. Sherman

Federal Communications Law Journal

In bilateral and multilateral trade agreements, the United States has agreed to open the market for telecommunications services to foreign service suppliers, an obligation implemented by the FCC since 1998. In contrast, the United States has made no commitments with respect to broadcasting services or broadcast licenses. This article clarifies the different treatment of telecommunications services and broadcast services in U.S. trade obligations and FCC orders.

Global Governance: The World Trade Organization's Contribution, Andrew D. Mitchell, Elizabeth Sheargold

Georgetown Law Faculty Publications and Other Works

Democracy and administrative law concern ideas of governance, legitimacy, and accountability. With the growth of bureaucracy and regulation, many democratic theorists would argue that administrative law mechanisms are essential to achieving democratic objectives. This article considers the World Trade Organization’s (WTO) contribution to governance both in terms of global administrative law and democracy. In relation to administrative law, it first explores the extent to which the WTO’s own dispute settlement process contributes to this area. Second, it considers the operation of administrative law principles embedded within the WTO Agreements on Members. For example, the WTO Agreements require that certain laws …

Historical Evolution And Future Of Natural Resources Law And Policy: The Beginning Of An Argument And Some Modest Predictions, Sally K. Fairfax, Helen Ingram, Leigh Raymond

The Future of Natural Resources Law and Policy (Summer Conference, June 6-8)

8 pages.

Includes bibliographical references

"Sally Fairfax, UC-Berkeley, Helen Ingram, UC-Irvine, and Leigh Raymond, Purdue University" -- Agenda

Uberregulation Without Economics: The World Trade Organization's Decision In The U.S.-Mexico Arbitration On Telecommunications Services, General Agreement On Trade In Services, Gats, J. Gregory Sidak, Hal J. Singer

Federal Communications Law Journal

In April 2004, a World Trade Organization ("WTO") arbitration panel found that Mexico had violated its commitments under the Annex on Telecommunications to the General Agreement on Trade in Services ("GATS") by failing to ensure that Telmex, Mexico's largest supplier of basic telecommunications services, provide interconnection to U.S. telecommunications carriers at international settlement rates that were costoriented. The WTO panel deemed long run average incremental cost ("LRAIC") to be the appropriate cost standard for setting settlement rates. Mexico thus became obliged to change its domestic telecommunications regulations or face trade sanctions. The decision is the first WTO arbitration to deal …

Looking For Law In China Ii: China’S Legal Reforms After Mao: Accomplishments And Future Prospects, Stanley B. Lubman

Hong Yen Chang Center for Chinese Legal Studies

In this talk I intend to summarize major accomplishments of Chinese law reform since 1978; and speculate on the future of Chinese law reform

• In the course of this talk, I will note where China began when legal reform was first undertaken in 1979, and the enormous size and scope of the task that was undertaken.
• I hope to give an indication both of the progress China has made, and of major obstacles to future reforms;
• I have chosen one area to emphasize because it may light the way for further meaningful reforms: administrative law
• I have also noted influences …

Remarks On Genetically Modified Foods And International Regulation, Mark Mansour

Richmond Journal of Law & Technology

First of all, I want to thank you all for having us here for a wonderful program. To start out, I had intended to address some issues that Jean Halloran has raised. The first point regarding the Committee on Food Labeling, why the United States is opposed to regimes and the considerations of the past couple of years, is very simple. It’s not a matter at looking at trade cases rather because the Food, Drug and Cosmetic Act, as Dr. Hoover stated before, does not provide a consumer’s right to know.

It’s not to say the consumer’s right to know …

Remarks On Genetically Modified Foods And International Regulation, Tony Van Der Haegen

Richmond Journal of Law & Technology

Thank you. I certainly don’t want to interfere in the American debate about labeling, since I have already enough problems with European consumers, but what I would like to do today is not only to talk about our legislation a bit, because it’s so detailed and complex, but also to talk about the European/ American trade relations, in particular as it relates to biotechnology. First of all, I would like to say there is a strong trans-Atlantic relationship as far as trade is concerned between the EU and the U.S. We have to realize that we have a trade level …

Remarks On Genetically Modified Foods And International Regulation, Thomas N. Sleight

Richmond Journal of Law & Technology

I’m going to speak on a slightly different perspective here. I guess the first question I have is how many farmers do we have in the audience? Val, I marked you down as an organic farmer here today, as I learned that today. I don’t think we have many, and I’m going to take a fantastic leap of judgment saying that the students that are here at the University of Richmond School of Law are not preparing for careers in agriculture. So, I’m going to come from a farmer’s point of view. I will jump back and forth between my …

From International Competitive Carrier To The Wto: A Survey Of The Fcc’S International Telecommunications Policy Initiatives 1985-1998, Lawrence J. Spiwak

Federal Communications Law Journal

No abstract provided.