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ANTI-DUMPING MEASURE AS TRADE REMEDY: THE DOMINATION OF INTERNATIONAL TRADE DISPUTES Gea, Gita Venolita Valentina
Journal of Law and Policy Transformation Vol 8 No 1 (2023)
Publisher : Universitas Internasional Batam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37253/jlpt.v8i1.7646

WTO as the only international organization in the scope of public international trade also governs on dumping which found both on the GATT and Anti Dumping Agreement (ADA). Anti-dumping measures may applied as a trade remedy by a state member against other state member accused for practicing dumping. However, former research found that the number of trade disputes before the DSB WTO were mostly caused by anti-dumping measures and turned out that those measures were violating the regulations. This research aims to figure out on how does anti-dumping measures contribute on the escalation and domination of the international trade disputes. Findings from this research shows that before imposing an anti-dumping measure, the state members may determine the practice of dumping practice. The determination is self-claimed under the national authority and later the state may impose temporary anti-dumping measures. After complaints filed to the DSB WTO by the accused state, it is often proved that no dumping practice was ever carried out and the anti-dumping measures turned out to be a violation. This one-sided claim with no third party to re-examine and give approval, may cause further injuries and disrupts the climate of international trade. Hence, the WTO needs to play its role on figuring out and providing a new way out.

PERSONAL DATA PROTECTION ON INTERNATIONAL DIGITAL TRADE: HARMONIZING STATE REGULATIONS THROUGH A COMMON STANDARD Gea, Gita Venolita Valentina; Wijaya, Jill Grezelda; Clarissa, Olivia; Witanto, Aurelia Kimberley Clarance
Veritas et Justitia Vol. 11 No. 1 (2025): Veritas et Justitia
Publisher : Faculty of Law, Parahyangan Catholic University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25123/zbea9p38

The advancement of digital trade has brought considerable benefits, yet it also presents significant challenges, particularly in protecting users’ personal data. Digital trade platforms commonly require users to share personal information, raising concerns over data security and accountability. Current regulations governing personal data protection are primarily limited to national or regional legal systems, resulting in a lack of harmonization that impedes the seamless flow of international trade. This paper explores the pressing need for a standardized global framework for personal data protection within the digital trade landscape. Using a normative juridical approach, the study examines various regional legal regimes and assesses the relevance of international trade principles in addressing data protection issues. The analysis highlights the absence of a globally recognized standard for personal data protection in digital trade and finds that existing international instruments are inadequate for meeting current challenges. Given UNCITRAL’s role in shaping international trade law, the development of a new legal framework, such as a Model Law, should be pursued. As a form of soft law, a Model Law offers a practical and adaptable tool for harmonizing legal standards across jurisdictions. Its adoption would enhance legal certainty and ensure the protection of personal data in international digital trade transactions, thereby upholding the rights of all parties involved.

Indonesia and World Trade Organization’s Prohibtion on Fisheries Subsidies: Finding a Breakthrough Gea, Gita Venolita Valentina; Krustiyati, Atik; Veronica, Shierren
Reformasi Hukum Vol 29 No 1 (2025): April Edition
Publisher : Fakultas Hukum Universitas Islam Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46257/jrh.v29i1.1170

Fishermen have long been a vital part of coastal communities, especially in developing countries like Indonesia. However, the recent prohibition of fisheries subsidies by the World Trade Organization (WTO) has raised significant legal and economic concerns. This article aims to examine the implications of the WTO’s Agreement on Fisheries Subsidies for Indonesia and explore potential legal strategies to reconcile international obligations with national interests. Using a normative juridical method, this study analyzes the provisions of the WTO agreement, particularly the eight types of prohibited subsidies, and their impact on Indonesia’s small-scale fisheries sector. The findings indicate that a sudden termination of these subsidies may harm the livelihoods of traditional fishermen and disrupt coastal economies. This situation presents a legal and diplomatic paradox: Indonesia must comply with global trade rules while safeguarding the welfare of its people. As a solution, Indonesia should leverage international negotiations and legal mechanisms to advocate for flexibilities or special treatment for developing countries. In conclusion, while the WTO agreement aims to prevent overfishing and promote sustainability, its implementation must be carefully balanced to avoid adverse effects on developing nations. Indonesia must therefore find a legal and diplomatic breakthrough to protect both its obligations and its national interests.

Permanent Sovereignty in the Context of Trade Law: Addressing Legal Constraints on Downstream Policy Implementation Gea, Gita Venolita Valentina; Fabio, Matthew; Jaqline, Djayakusli
Hang Tuah Law Journal VOLUME 9 ISSUE 2, OCTOBER 2025
Publisher : Fakultas Hukum Universitas Hang Tuah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/htlj.v9i1.291

The Government of Indonesia has expressed a strong commitment to enhancing national welfare through the implementation of downstream policies across various trade sectors, including those involving natural resource commodities. A range of regulatory measures has been introduced, from mandates on domestic processing to the imposition of export bans. Nevertheless, the execution of such downstream policies has raised concerns regarding their compatibility with obligations under international trade agreements to which Indonesia is a party. This paper seeks to analyze the implementation of downstream policies in light of international trade law. Employing a normative juridical approach, the study finds that down streaming in the natural resources sector constitutes a manifestation of the principle of permanent sovereignty over natural resources. A thorough legal examination of this principle suggests that it may qualify as a norm of jus cogens, thereby holding a superior normative status that can prevail over conflicting provisions in international trade agreements.

PERSONAL DATA PROTECTION ON INTERNATIONAL DIGITAL TRADE: HARMONIZING STATE REGULATIONS THROUGH A COMMON STANDARD Gea, Gita Venolita Valentina; Wijaya, Jill Grezelda; Clarissa, Olivia; Witanto, Aurelia Kimberley Clarance
Veritas et Justitia Vol. 11 No. 1 (2025): Veritas et Justitia
Publisher : Faculty of Law, Parahyangan Catholic University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25123/zbea9p38

The advancement of digital trade has brought considerable benefits, yet it also presents significant challenges, particularly in protecting users’ personal data. Digital trade platforms commonly require users to share personal information, raising concerns over data security and accountability. Current regulations governing personal data protection are primarily limited to national or regional legal systems, resulting in a lack of harmonization that impedes the seamless flow of international trade. This paper explores the pressing need for a standardized global framework for personal data protection within the digital trade landscape. Using a normative juridical approach, the study examines various regional legal regimes and assesses the relevance of international trade principles in addressing data protection issues. The analysis highlights the absence of a globally recognized standard for personal data protection in digital trade and finds that existing international instruments are inadequate for meeting current challenges. Given UNCITRAL’s role in shaping international trade law, the development of a new legal framework, such as a Model Law, should be pursued. As a form of soft law, a Model Law offers a practical and adaptable tool for harmonizing legal standards across jurisdictions. Its adoption would enhance legal certainty and ensure the protection of personal data in international digital trade transactions, thereby upholding the rights of all parties involved.

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