Media Hukum Indonesia (MHI)
Vol 4, No 1 (2026): March

Analysis of the Interpretation of Article XI GATT in the Case Study of Indonesia’s Nickel Ore Export Ban, WTO Case No. DS592

Talitha, Raisyha (Unknown)
Nurkhaerani, Ema (Unknown)



Article Info

Publish Date
07 Dec 2025

Abstract

This study analyzes the interpretation of GATT 1994 Article XI by the WTO Panel in the DS592 dispute (Indonesia—Measures Relating to Raw Materials) concerning Indonesia's nickel ore export ban. This policy is deemed to violate the fundamental principle of GATT Article XI:1 on the absolute prohibition of quantitative restrictions. The research utilizes a normative legal research method with case and statutory approaches. The conclusion shows that the WTO Panel factually determined the export ban violates GATT Article XI:1. The Panel rejected all of Indonesia's justification arguments (Article XI:2(a) and Article XX(d)) due to a strict interpretation and Indonesia’s failure to prove the absolute ban was a "necessary measure." The legal implication is that Indonesia must reformulate its downstreaming policy from export bans to WTO-allowed instruments, such as progressive export taxes, to mitigate the risk of future trade sanctions.

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Journal Info

Abbrev

MHI

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

The aims of this journal is to provide a venue for academicians, researchers, and practitioners for publishing the original research articles or review articles. The scope of the articles published in this journal deals with a broad range of topics in the fields of Criminal Law, Civil Law, ...