Justifikasi Penerapan Prinsip Permanent Sovereignty Over Natural Resources Dalam Perdagangan Internasional

Puspita, Natalia Yeti; Nadeak, Elizabeth; Hervino, Aloysius Deno

doi:10.23887/jatayu.v5i3.56398

Cited by 3 publications

(2 citation statements)

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“…This type of research focuses more on examining the application of norms or rules in positive law which are then linked to the problems that will be discussed in writing this thesis. 19 The type of normative juridical research that the author uses is an approach that is in accordance with statutory regulations by examining all laws and regulations relating to the legal issues to be discussed.…”

Section: Research Methods Research Typementioning

confidence: 99%

Implications of Nickel Ore Export Restrictions in International Trade Disputes

Sekar Arum,

Hariyani,

Adiwibowo

2024

IJAMRS

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The problems related to restrictions on nickel ore exports started with Indonesia restricting nickel ore exports. Indonesia implemented restrictions because the presence of nickel in Indonesia was running low. The existence of this problem makes the European Union feel disadvantaged. Apart from that, Indonesia has issued restrictions on exports of nickel ore Regulation of the Minister of Energy and Mineral Resources Number 11 of 2019. This regulation is considered to have come into force on January 1 2020, from which date all nickel that wishes to be exported must go through the stages of refining and processing domestically, so that what is exported is not in the form of raw goods but not semi-finished goods or finished goods. In this article it is explained that nickel that cannot be exported is concentrate <1.7%. By issuing this regulation, the European Union considers that Indonesia has violated Article nickel quota so it is considered to violate these regulations. With this problem, the European Union filed a lawsuit with the WTO. The lawsuit has been registered in DS-592. Starting from November 22 2019, the European Union and Indonesia carried out the consultation stage, but in the event that the consultation failed to take place, the next stage that was carried out was the panel stage. However, in this case Indonesia lost the lawsuit with the European Union. Seeing this, Indonesia immediately submitted an appeal to the WTO. Indonesia still wants to limit nickel ore so that it can improve the quality of nickel.

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Section: Research Methods Research Typementioning

confidence: 99%

Implications of Nickel Ore Export Restrictions in International Trade Disputes

Sekar Arum,

Hariyani,

Adiwibowo

2024

IJAMRS

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“…Other states are not allowed to intervene, so that the state may conduct restrictions, prohibitions, or even agreements regarding its natural resources. 26 The Panel may consider this principle while analysing the dispute regarding the nickel ore. However, as we see, Indonesia has never mentioned this principle in its argument, which could be a strong foundation for Indonesia to apply the measures complained by the EU.…”

Section: State Sovereignty Within the Membership Of The Wtomentioning

confidence: 99%

The Paradox of Downstream Mining Industry Development in Indonesia: Analysis and Challenges

Krustiyati,

Gea

2023

Sriwijaya Law Rev.

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Development of downstream on the mining industry has been encouraged by the government of Indonesia these past years. With the increasing demand for nickel ore, the government focused on implementing downstream in this sector. Establishing an export ban and domestic processing requirement on nickel ore caused the EU to challenge Indonesia before the DSB WTO. In its report to the Panel, it was concluded that Indonesia had violated the provisions of GATT 1994. While it is understandable that Indonesia has absolute sovereignty over its natural resources, it is also bounded to international organisations and regulations, for it has expressed its consent. This paper aims to examine the analysis by the Panel on what caused Indonesia to decide as the losing party and how Indonesia would implement the development downstream in the middle of its sovereignty and obligations on an international level. Through a juridical normative method, it is concluded that Indonesia had failed to comply with the provisions of GATT 1994 that obliged it. It does not mean it has no sovereignty towards its natural resources, for it has agreed to be bound by the provisions. In order to exercise downstream development, it is recommended that Indonesia create national policies or regulations related to adhering to the provisions of the WTO. A cautious approach to governing the downstream may prevent potentially damaging disputes.

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Does the negotiation process on nickel export between Indonesia and the European Union provide benefits?

Kurniyanto,

Gultom,

Wusto

2024

BIO Web Conf.

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Nickel is one of the Indonesia’s potential raw materials which export to the European Union (EU). Indonesia stopped exporting raw material of nickel to the EU on the grounds that Indonesia wanted to be linked downstream to provide value added from exported goods and create new jobs. Nickel which has many benefits makes the European Union act to make a lawsuit against Indonesia regarding the termination of raw nickel exports through the World Trade Organization (WTO). The purpose of this research was finding out the reasons for Indonesia to stop exporting raw nickel to the EU and finding out the reasons for the EU to sue Indonesia, finding out the negotiation process and the causes of Indonesia's defeat of the EU lawsuit at the WTO. This research was conducted in period March - May 2024 by using the literature review approach method through the study of information from secondary data to answer the purpose of research. The results showed that there was a split in the relationship that developed because of the European Union's decision to ban palm oil exports. Indonesia felt aggrieved by this, so it took the policy to ban nickel exports as a “retaliation”. Negotiations said that the value of exports was increased by the requirement that nickel imports from Indonesia must be processed through smelters into semi-finished goods before being exported to the EU. The EU disagreed because such a regulation could impair the ability of existing industries to compete, as the supply of raw materials for nickel products would be reduced. The WTO granted the EU's lawsuit because Indonesia is still unable to implement nickel to be linked downstream, supported by the existence of Indonesian government regulations that contradict WTO regulations related to trade. The temporary result of the EU lawsuit trial against Indonesia is (win-lose). It is expected that the Indonesian government can strengthen smelters for sustainable development and can support nickel be linked downstream in the future. Indonesia must also strengthen negotiations in the form of cooperation to support the nickel export program in the form of semi-finished and finished goods.

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Justifikasi Penerapan Prinsip Permanent Sovereignty Over Natural Resources Dalam Perdagangan Internasional

Cited by 3 publications

References 0 publications

Implications of Nickel Ore Export Restrictions in International Trade Disputes

Implications of Nickel Ore Export Restrictions in International Trade Disputes

The Paradox of Downstream Mining Industry Development in Indonesia: Analysis and Challenges

Does the negotiation process on nickel export between Indonesia and the European Union provide benefits?

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