IMPLEMENTASI PASAL XX (B) DAN (G) GENERAL AGREEMENT ON TARIFFS AND TRADE DALAM PENYELESAIAN SENGKETA DI WORLD TRADE ORGANISATION
Abstract: There is a mutual
relation between international trade and environment. International trade may
give negative effects to the environment. The problems that will be studied
are, first, how is the implementation of Article XX (b) and (g) of GATT in the
dispute settlement at WTO? Second, why is there differences in interpretation
method toward Article XX (b) and (g) of GATT by Panel and Appellate Body in
dispute settlement at WTO? This research os a normative research and is
analyzed qualitatively. The result of the research concludes that: first, panel
and Appellate Body have differences in implementing Article XX (b) and (g) of
GATT. This is caused by the different interpretation done by Panel and
Appellate Body; second, the difference in the interpretation of Article XX (b)
and (g) of GATT by Panel and Appellate Body in the settlement of those three
cases is resulted from the lack of understanding of the Panel on the
interpretation way as stipulated in Article 2(3) of DSU and lack of
partisanship from the Panel to the importance of health, plants, animals, and
environment protections.
Penulis: Sri Wartini
Kode Jurnal: jphukumdd120367
