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Adolf Warouw
Universitas Indonesia
Law, Crime, Criminology & Criminal Justice Social Sciences

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Sistem Perdagangan Multilateral dalam Kerangka WTO Suatu Observasi Terhadap “Rule-based System” Warouw, Adolf
Indonesian Journal of International Law
Publisher : UI Scholars Hub

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Abstract

The multilateral trading system as it now applies is a rule-based system comprising a comprising a complex set of rules as articulated in various WTO agreements. The system is the ultimate choice for nations if they were establish trade relations among nations in a good order and to more enhance the stability and predictability and to better suit the interests of least developed and developing countries. The implementations of those rules have been more advantageous to developed countries, while the developing countries do not have the capability tto implement those rules. The concessions that have been given away do not meet with the expected benefit out of their participation in this multilateral regime. Such situation greatly affects developing countries in the implementation and the effectiveness of WTO rules. The current round of trade negotiations needs to make correction to this legitimacy gao to ensure a fair gain from the multilateral trading system.
GATS dan Regulasi Nasional Masalah Rekonsiliasi Dua Tujuan dan Kepentingan Warouw, Adolf
Indonesian Journal of International Law
Publisher : UI Scholars Hub

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (10089.093 KB)

Abstract

Trade in sevices, far more than trade in goods, is affected by domestic regulations. Many services sectors are highly regulated to ensure a certain level of quality, to protect consumers, environment, public health, or to pursue other social goals. Domestic regulations of all kinds can be drafted and applied in ways that directly or indirectly undermine international trade commitments. Trade rgeime would therefore seem to have legitimate interest in disciplining the use of such regulation. GATS aims at trade liberalization and expansion of trade, hence its central concern is to make sure that national regulation does not create unnecessary barriers that would impede implementation of such objectives. On the other hand, GATS recognizes the rigts of WTO members to regulate and to introduce new regulations on the supply of services in order to meet national policy objectives. The mixed objectives of trade liberalization and national regulation do create potential conflict that leads to the question of what is the main objective of GATS and the role of national regulation. National regulation provides a range of legitimate objectives of multidimensional nature which deserve proper recognition within GATS regime. It requires necessary autonomy and flexibility to respond effectively to social and economic objectives. Multilateral disciplines must therefore be crafted carefully to ensure the appropriate balance between those two opposing objectives.
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