Measuring WTO Approaches in Resolving Palm Oil and Biofuel Trade Disputes from Indonesia

<div><table cellspacing="0" cellpadding="0" align="left"><tbody><tr><td align="left" valign="top"><p>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.</p></td></tr></tbody></table></div>

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Publication Details

Journal
BESTUUR
Published
2024-12-31
DOI
https://doi.org/10.20961/bestuur.v12i2.94203
Citations
2
Primary Topic
Global trade and economics
Type
article
Field-Weighted Citation Impact
1.66
Controls
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article

Measuring WTO Approaches in Resolving Palm Oil and Biofuel Trade Disputes from Indonesia

Peter-Tobias Stoll, Chairul Fahmi
2 citations
BESTUUR
Global trade and economics
1.66
article

Measuring WTO Approaches in Resolving Palm Oil and Biofuel Trade Disputes from Indonesia

Peter-Tobias Stoll, Chairul Fahmi
article en
2 citations

Abstract

<div><table cellspacing="0" cellpadding="0" align="left"><tbody><tr><td align="left" valign="top"><p>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.</p></td></tr></tbody></table></div>

BESTUURVol. 12(2)
Universitas Islam Negeri Ar-Raniry (ID), University of Göttingen (DE)
Openalex Percentile: Top 12%
Global trade and economics
1.66
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