Legal Approach of Indonesia Horticulture Trade Dispute Compliance of WTO DS478

Abstract

World Trade Organization (WTO) was established with the purpose of having a free and fair international trade. To achieve that purpose, any violation towards the covered agreement in the Agreement on the Establishment of World Trade Organization will be brought to the Dispute Settlement Body (DSB) of WTO. Member states of WTO itself consist of developed and developing country which have different capability to comply with all the agreements. This problem lead to the establishment of Special and Differential Treatment (SDT) in WTO, which aim to help developing country in WTO to keep up with the capability of developed country. It gives developing country some advantages in implementing WTO’s covered agreements. Lately Indonesia and United States of America and New Zealand just settle to the DSB the dispute regarding the Import of Horticulture and Animal Product regime in Indonesia. The decision was made and it stated that Indonesia has violate the General Agreement on Tariffs and trade 1994 (GATT) Article XI:1 and need to revise some of the measure Indonesia’s implementing. Indonesia as developing country and member of WTO should have the right to get SDT in implementing WTO’s measures. In this case at hand we can see that SDT does not really come to the surface of the case as any consideration of the Panel to decide on the dispute. SDT as a measure created to support developing country needs to be uphold in order to keep the trust of developing country member of WTO.