Measuring WTO Approaches in Resolving Palm Oil and Biofuel Trade Disputes from Indonesia
Indonesia is the world's leading producer of palm oil, with significant exports to European Union member states. However, the EU has recently imposed stricter limitations on palm oil imports, particularly from Indonesia, through policies such as the Renewable Energy Directive (RED) and RED II....
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| Format: | Article |
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Faculty of Law, Universitas Sebelas Maret, Surakarta
2024-12-01
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| Series: | Bestuur |
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| Online Access: | https://jurnal.uns.ac.id/bestuur/article/view/94203 |
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| author | Chairul Fahmi Peter-Tobias Stoll |
| author_facet | Chairul Fahmi Peter-Tobias Stoll |
| author_sort | Chairul Fahmi |
| collection | DOAJ |
| description | Indonesia is the world's leading producer of palm oil, with significant exports to European Union member states. However, the EU has recently imposed stricter limitations on palm oil imports, particularly from Indonesia, through policies such as the Renewable Energy Directive (RED) and RED II. This article examines the measures imposed by the WTO to address this trade dispute. Using a doctrinal approach, the study collects data from primary legal sources, such as laws, regulations, and court decisions, as well as secondary sources, including journals and books. The findings reveal that Indonesia's request for negotiations with the EU was rejected, prompting the WTO to establish a panel. However, the panel's decision lacks legal force until the appeal process is concluded. The situation is further complicated by the Appellate Body's inability to function due to the United States’ deliberate refusal to approve new appointments, leaving the dispute unresolved. Consequently, the WTO Dispute Settlement Body's ruling lacks legal certainty, raising the potential for a trade war between Indonesia and the EU. This research underscores the need for effective dispute resolution mechanisms within the WTO to address such critical trade issues. |
| format | Article |
| id | doaj-art-a1497ca15369486f889542b876a21c2f |
| institution | Kabale University |
| issn | 2302-3783 2722-4708 |
| language | English |
| publishDate | 2024-12-01 |
| publisher | Faculty of Law, Universitas Sebelas Maret, Surakarta |
| record_format | Article |
| series | Bestuur |
| spelling | doaj-art-a1497ca15369486f889542b876a21c2f2025-01-20T12:13:48ZengFaculty of Law, Universitas Sebelas Maret, SurakartaBestuur2302-37832722-47082024-12-0112217219010.20961/bestuur.v12i2.9420344595Measuring WTO Approaches in Resolving Palm Oil and Biofuel Trade Disputes from IndonesiaChairul Fahmi0Peter-Tobias Stoll1Universitas Islam Negeri Ar-Raniry Banda AcehUniversity of GottingenIndonesia is the world's leading producer of palm oil, with significant exports to European Union member states. However, the EU has recently imposed stricter limitations on palm oil imports, particularly from Indonesia, through policies such as the Renewable Energy Directive (RED) and RED II. This article examines the measures imposed by the WTO to address this trade dispute. Using a doctrinal approach, the study collects data from primary legal sources, such as laws, regulations, and court decisions, as well as secondary sources, including journals and books. The findings reveal that Indonesia's request for negotiations with the EU was rejected, prompting the WTO to establish a panel. However, the panel's decision lacks legal force until the appeal process is concluded. The situation is further complicated by the Appellate Body's inability to function due to the United States’ deliberate refusal to approve new appointments, leaving the dispute unresolved. Consequently, the WTO Dispute Settlement Body's ruling lacks legal certainty, raising the potential for a trade war between Indonesia and the EU. This research underscores the need for effective dispute resolution mechanisms within the WTO to address such critical trade issues.https://jurnal.uns.ac.id/bestuur/article/view/94203dispute resolutioneuropean unionindonesiapalm oilworld trade organisation |
| spellingShingle | Chairul Fahmi Peter-Tobias Stoll Measuring WTO Approaches in Resolving Palm Oil and Biofuel Trade Disputes from Indonesia Bestuur dispute resolution european union indonesia palm oil world trade organisation |
| title | Measuring WTO Approaches in Resolving Palm Oil and Biofuel Trade Disputes from Indonesia |
| title_full | Measuring WTO Approaches in Resolving Palm Oil and Biofuel Trade Disputes from Indonesia |
| title_fullStr | Measuring WTO Approaches in Resolving Palm Oil and Biofuel Trade Disputes from Indonesia |
| title_full_unstemmed | Measuring WTO Approaches in Resolving Palm Oil and Biofuel Trade Disputes from Indonesia |
| title_short | Measuring WTO Approaches in Resolving Palm Oil and Biofuel Trade Disputes from Indonesia |
| title_sort | measuring wto approaches in resolving palm oil and biofuel trade disputes from indonesia |
| topic | dispute resolution european union indonesia palm oil world trade organisation |
| url | https://jurnal.uns.ac.id/bestuur/article/view/94203 |
| work_keys_str_mv | AT chairulfahmi measuringwtoapproachesinresolvingpalmoilandbiofueltradedisputesfromindonesia AT petertobiasstoll measuringwtoapproachesinresolvingpalmoilandbiofueltradedisputesfromindonesia |