JURIDICIAL REVIEW RETALIATION BENEFITS AS PART OF TRADING CONFLICT RESOLUTION UNDER WTO SYSTEM FOR
INDONESIA
Manuscript for Publication
Research of Postgraduate
Magister Program of Law
Proposed by:
RM. Muhammad Arridho Surya Putra
12/342131/PHK/07640
Kepada
POSTGRADUATE PROGRAM OF LAW FACULTY GADJAH MADA UNIVERSITY
JURIDICIAL REVIEW RETALIATION BENEFITS AS PART OF TRADING CONFLICT RESOLUTION UNDER WTO SYSTEM FOR
INDONESIA
MANUSCRIPT FOR PUBLICATION Periodical Research of Postgraduate
Gadjah Mada University
Prepared and Compiled by:
RM. Muhammad Arridho Surya Putra 12/342131PHK/07640
Yogyakarta, November 2014 Approved by:
Adviser
STATEMENT
Herewith, we as the thesis advisers for the student of Postgraduate Program below:
Name : RM. Muhammad Arridho Surya Putra
Student Number : 12/342131/PHK/07640
Program of Study : Law Magister on Bussines Law
Agree/disagree*) with the manuscript of research summary (candidate of manuscript of Periodic Research of Postgraduate Program) compiled by the one concerned above to be published with/without including the name of the adviser as co-author.
Then Please be concerned.
Yogyakarta, December 2014 Advicer,
Prof. M. Hawin, SH., LLM., Ph.D
JURIDICIAL REVIEW RETALIATION BENEFITS AS PART OF TRADING CONFLICT RESOLUTION UNDER WTO SYSTEM FOR
INDONESIA ABSTRACT
RM. Muhammad Arridho Surya Putra1, M. Hawin2
The purpose of this study was to determine and analyze the constraints and obstacles faced by Indonesia as a developing country and a member of the WTO in using the instrument of conflict resolution retaliation. Then, this study aims to analyze the potential benefits to be gained when using retaliation Indonesia in the WTO system.
Researchers will begin by describing an event study related law enforcement in the WTO system. Furthermore, we will look for what is becoming an obstacle for retaliation Indonesia to apply and what are the benefits that can be used Indonesia as a developing country when using the conflict resolution process retaliation in the WTO system. The experiment was conducted by using the method of the normative. All data were analyzed using qualitative methods. The results of this study are presented in a report that is descriptive analysis. This type of descriptive research that writers choose in writing this time, research will be carried out comparative approach and a case approach. Case approach would be to look at the case of conflict resolution facing Indonesia under the WTO system.
The results show that constraints Indonesia to retaliation because of the political power of the state is opposed to Indonesian dispute, lack of human resources in Indonesia in conducting litigation in the WTO, Indonesia has economic interests conflict with opponents and different understanding among WTO member countries related to the strength binding rules of the WTO. While the potential to be gained when using the instrument of retaliation Indonesia is Indonesia could provide subsidies to companies that suffered losses due to unfair trade from the retaliation and Indonesia will bring a good precedent for the rule of law in the WTO.
Key Word: WTO, Retaliation, Conflict Resolution
A. Back Ground
Indonesia had been involved in GATT since Februari 24th 1950. As a developing country, Indonesia has shown positive attitude in the regulations of multilateral free trades. Indonesia had become the original member in ratifications of "Agreement Establishing The World Trade Organization" in Country Regulations No. 7 year 1994.3
Since the establishment of WTO in 1995, as a permanent institution to handle cases and conflicts in international trade, WTO will be the enforcer of law in any trade conflicts. Since then, as officially stamped in the "Dispute Settlement Understanding," there are three official conflict resolution agent. The first is DSB (Dispute Settlement Body), the second is Appellate Body and the third is Arbitration.4
Problems occured in the review of the beneficial value on the retaliation process in WTO trading systems. Rules made in the DSU about retaliation defines that these conflict resolution is to end any conflict in a positive way. If there isn't any way to resolve the conflict by agreement on both sides, then the first mechanism of conflict resolution is to make sure any
3Hata, Perdagangan Internasional Dalam Sistem GATT Dan WTO-Aspek-aspek Hukum Dan
Non Hukum, Refika Adiatama, Bandung, 2006, hlm 204
4 Huala Adolf, Hukum Penyelesaian Sengketa Internasional, Sinar Grafika, ctk ke 3, Jakarta
action is under the approval of WTO.5 In fact, the use of retaliation are rare to be implemented by developing country, because the implementations often incriminating them.
Indonesia as shown in "antidumping" conflict in some certain paper brands with South Korea, doesn't use retaliation process as conflict resolution. This is because of political reason and economical interests. Then Indonesia as the developing country declined the use of retaliation as law enforcing act.6
South Korea now seated in the third place as biggest foreign investor in Indonesia. Investment in the realty sector by South Korea brought positive development for the people of Indonesia.7 South Korea now seated in the third place as biggest foreign investor in Indonesia. Investment in the realty sector by South Korea brought positive development for the people of Indonesia. As a developing country with population of more than 200 million, Indonesia are in need of many workplace for their popullation. As for 2015, South Korea had approved to invest up to US$ 4 billion in the realty sector development alone.8 By comparing this scale to the loss by the cost of antidumping certain
5 Sebagian terjemahan kalimat dari Pasal 3 ayat 7, Dispute Settlement Understanding dari
http://kemendag.go.id
6Freddy Joseph Pelawi, Retaliasi Dalam Kerangka WTO, KPI, Buletin 46, 2007, 7 lima besar negara asal yang melakukan penanaman modalnya di Indonesia sepanjang
semester I 2013 adalah Jepang sebesar US$ 2,3 miliar, Singapura sebesar US$ 1,9 miliar, Amerika Serikat sebesar US$ 1,3 miliar, Korea Selatan sebesar Rp 1,2 miliar, Inggris sebesar US$ 600 juta. Data diperoleh dari: http://www.kemenperin.go.id/artikel/7445/Investasi-Korsel-Masih-Lima-Besar, diakses pada 25-10-2014, pukul 15.03 WIB
8Ibid., hasil kesepakatan investasi Indonesia dan Korea Selatan. Investasi tersebut ada pada
paper product in South Korea wich costs Indonesia up to US$ 90 miliion, means that Indonesia are standing on the losing side.9
Another interesting case could be found in "banana case" faced by United States together with Ecuador, Guatemala, Honduras and Mexico to act against a trade arrangement by European Union, which eventually prove a successful retaliation from the Americans.10 . In this case, retaliation were held to repress the loss caused by the unfair trade. United States persisted on doing retaliation on every products from European Union as a response for them on doing a discriminating regulation in importing bananas, this is because U.S. company "Chiquita Brands" is a major company to contribute to the nation's(U.S.) income.
Conflict resolution is among the law enforcement system. It should not show the impression of discrimination and unfair judgement. In the structure of WTO, retaliation as the instrument of conflict resolution should accomodate the interest of any WTO members including Indonesia.
B. Problem Statement
Based on the statements shown above, the formulation questions of the problem are:
Hankook di Cikarang dan pabrik Krakatau Posco di Cilegon. Buka juga situs resmi Kedutaan
Indonesia di Seoul Korea Selatan: http://kbriseoul.kr/
9
http://www.tempo.co/read/news/2010/10/13/090284598/Soal-Dumping-Kertas-Pemerintah-Harus-Balas-Korea diakses pada 23-11-2014 pukul 17.00 WIB
10 http://www.wto.org/english/tratop_e/dispu_e/cases_e/ds16_e.htm, diakses pada 30-10-2014
1. Why Indonesia as the developing country never use a retaliation in the conflict resolution system of WTO?
2. What are the benefits of retaliation as a conflict resolution structure in WTO, for Indonesia as a developing country?
C. Research Method
Research method used in this research are by normative methods. Any data acquired by researcher, are being analyzed with qualitative method. The result of this research will be presented in a descriptive-analytical report. The type of descriptive research on this research were done by case study and comparative approach.11
D. Research Result and Discussion
1. The Reason of Why Indonesia as Developing Country Never Use Retaliation as Conflict Resolution Method In Any Trade Conflict on The System of WTO
It is considered that there are three main reason of why Indonesia never use retaliation as a conflict resolution method, even when it is considered as a legal action under the system of WTO as international trade organization. First is a general problem in the application process faced by all members of WTO, the main problem is the different level of understanding to WTO's rules regarding retaliation.
The second is about the presence of "Preferential Trade Area", which
11Peter Mahmud Marzuki, Penelitian Hukum (edisi revisi), Kencana Prenada Media Group,
substantially discriminated the principle of "Most Favoured Nation". This condition gets worse by the lack of Indonesia's own litigation ability, and the cost also deemed too espensive by a developing country such as Indonesia to carry out such act of retaliation even under the legal system approved by WTO.
The third problem is to carry out retaliation in case to case. This third problem background could be found in the case of "antidumping cost" billed by South Korea for certain paper products from Indonesia. The difficulty which is become the main obstacle to carry out retaliation, is because Indonesia and South Korea as the "adversary" are bound both economically and politically and is difficult to be confronted by the laws of retaliation.
a. Different Views Of Member States About The Binding Strength of
WTO Rules Implied In The Instruments Of Retaliation.
conflict resolution method needed.12
Experts had considered that WTO is a based-by-contract organization, because each of their member are called "contracting party". WTO also choose "dispute settlement" rather than "adjucation" as their conflict resolution foundation. There are some that considered any agreement stamped by WTO are regarded as International Commercial Contract.13
Member states with those point ov view, still strictly obey the rules by WTO, because they know by obeying and understanding any rules by WTO would give them an edge in many fields of international trade. Because of this, any member states which believe that they are in disadvantage position because of the rules by WTO, should be permitted to release themselves from any contracts they're dealing with.14
Another point of view by experts stated that rules by WTO binds its members with a power of international pact. Because of this, any member states with their signature written on the agreement, should obey each of every words of the rules. Even when WTO rules are no longer facilitate their interests, even more when those states should pay the compensations, or face a retaliation, or oven when those states are still in a trade negotiation which needs political power to solve it, those states must obey any rules by WTO. In
12 JeffreyJ.Schoot, Role of Remedies In The WTO System, InstituteFor Internasional
Economics, hlm 14, didapat dari http://www.iie.com
13Ibid, pandangan ini dikemukaka oleh Bello (1996) dan Schwartz (2002), sedangkan
pandangan mengenai WTO sebagai kontrak komersial internasional dengan adanya hak dan kewajiban secara timbal balik dikemukakan oleh Pauwelyn (2002)
that point of view, any violation against WTO regulations will be considered as violation of an International Pact, not just a mere trade contracts.15
This point of view also state that any violation by a member state against some WTO regulation about trade conflict with another country will be considered as violation to all WTO regulations as a whole. Those violation will not be considered as a mere conflict between a country with their adversary, but a conflict which ignite a violation against multilateral treaty.16 Because of that, the resolution will not be a face to face discussion by one country to their adversary, but should be legalized by the resolution court of WTO. Those panel decision will be a new jurisprudence, which become a reference to every member state of WTO to strenghten any argument regarding any trading dispute.17
The difference of perspectives in understanding WTO regulations by each of member state, would have a serious impact on the process of general comprehension in conflict resolution process. Any member state whose regard WTO regulations as a contract, will see no difference between those
15Ibid
16Ibid., aturan WTO adalah perjanjian multirateral
17Ibid., dikutip dari, Goldstein dan Martin, The oxford Handbook on The World Trade
regulations and any bussiness contracts made by their government. A contract bussiness will always considered inferior under the law. They will not agree on upholding retaliation as a form of punishment, instead of diplomatic process as a solution. On the other hand, any member state whose regard WTO regulations as a multinational treaty, will expect a greater role by WTO in legalizing new international regulations which have a power to bind its member states, in their point of view, WTO is an organization with a full authority as a judge an any international trade dispute.18
b. Preferential Trade Area, Indonesia's Litigation Ability and The
Cost of Litigation
The existence of PTA brought a decline in any purpose of WTO regarding non-discrimination principle on most favoured nation. Any country would decrease the obstacle on a trade process, only to them bound by PTA regulations.19
Non discrimination principle under WTO regulations are the main foundation as a multinational treaty. Because of this principle, the commitment to any obstacle in tariff and non-tariff to another country extended and applied without any requirements automatically between each member states. The background of this principle was to reduce billateral
18Ibid.,hlm 16
19 Sjamsul Arifin et.al, Kerjasama Perdagangan Internasional: Peluang dan Tantangan Bagi
relationships which only give the advantage between two capital states in the agreement. This kind of billateral relationship was very popular before the event of World War. This act made some country at those time to uphold special protection, which had impact on the closing of the market and the great depression in 1920. Then the principle of most favoured nation (MSN) was to prevent any appearance of any "trading alliance" which had a risk of bring down the market, causing a massive loss to all side.20
The truth nowadays, MFN principle only regarded as exceptional clause and not as a regulation that sould be obeyed by all member state in WTO. The result is the appearance of Custom Unions, Common Market, Regional and Free Trade Agreement which agreed by some member states of WTO or even ratified by non-WTO states.21
Indonesia's litigation ability as a developing country, also becomes an obstacle in upholding any act of retaliation by Indonesia. This because a process of conflict resolution since consultation, negotiation, up to litigation process, all need a legal skill and legal expertise to submit a claim or even to defend the nation from any accusations from another country (complainant). In comparison to China which joined WTO in 2001-about 6 years after its establishement in 1996, stated that their country still have a limited understanding in viewing WTO as an organization which have its own
litigation regulations (DSU). Even there was a headline entitled "Chine's coming Age in the WTO War".”.22
“We have trained our next generation of lawyers in recent years. Waves of Chinese lawyers who received law degrees in the US, comeback with understanding of WTO law and different legal system”.23 This statement were considered as recognition from China being a big nation with a vast political and economical power, was still not as powerful in a term of buliding a law structure and legal resources as the United States of America. This become a different case in Indonesia, which doesn't have any justification and adequate reasoning when Indonesia joined WTO when Indonesia ratified Marakesh Agreement. Compared to China's readiness, when joined WTO in 2001, it was clear that Indonesia as a developing country, were not learned any consequences by joined and ratified the WTO agreement.24
In general, the cost of any proceeding of litigation process in conflict resolution to have WTO as the court are very expensive. In a mere case, the
22 Ade Maman Suherman, Hukum Perdagangan Internasional: Lembaga Penyelesaian
Sengketa WTO Dan Negara Berkembang, Sinar Grafika, Jakarta, 2014, hlm 100, dikutip dari Xiao Jin
lawyer untuk pemerintah China yang menangani gugatan yang dilayangkan Amerika Serikat dalam kasus pipa baja.
23Ibid., hlm 101 dikutip dari pernyataan Xiao Jinquan lawyer dari kantor hukum, Dacheng
Law Office sekaligus direktur komite Komersial dan korporat pada All China Lawyers Association.
legal fees could reach up to US$ 1 Million, and there will be no guarantee for the disputing party to win or to lose. The cost is relative and will not be considered expensive when it reach a sensitive political problem. For example, a dispute between American based-Kodak versus Japanese based-Fujifilm in a case of "Japan Photographic Film", which costed Japan about US$ 10 Million25 and additional fees still not included. According to Hakan Nodstorm, a chairman of Economy and Trading council of Sweden, the cost still not included any litigation supporters fees, such as enonomy analyst, experts explanation, as non legal expense starts from US$ 100.000 up to US$ 250.000.26 Also to spoke with the DSU, the fee for deprivaton analysis could reach US$ 500.000, equal to Rp. 6.000.000.000,- (six billion rupiahs).27 c. Economic and Political Dependency As The Main Reason of
Indonesia Holding Back The Act of Retaliation to Their
Adversaries.
High competitiveness of another developing country with a greater access to international market became economical threat to another developing country such as Indonesia. Like another developing countries, Indonesia had hoped to get as many investment as possible by another country in the world. And the main reason of a nation to invest their money outside
25Ibid., hlm 102
26Ibid dikutip dari Gregory Shafer, How to Make the WTO Dispute Settlement System Work
for Developing Countries, maret 2003
their borders is a hope for greater profit.
When some nation decide to do some investment, an evaluation will be done in any way to measure any risk for their country. International Country Risk Guide (ICRG) evaluated three kind of investment risks. It is financial risk, economic risk, and political risk.28
The law enforced in the case of antidumping certain paper product from Indonesia in South Korea. Essentially should be considered as a violation against non-discrimination principle of Most Favoured Nation. This was done because the case were considered as a common dispute between two countries (Indonesia and South Korea), and was not seen as a matter should be involved by WTO as international trading league. This was done despite a past agreement which approved if any member state violated WTO trading regulations, then another member state should use multilateral settlement rather than use individual act. That means all member of WTO should obey all procedures and decisions written in the agreement.diambil.29
Based on those precedents, it is easy to conclude that law enforcement process for many WTO regulations are lack in realization. WTO use court case (jurisprudence) as the main source of law principle in decision making. In a future, if the same cases appears,a jurisprudence process by DSB under
28 Lebih jelasnya silahkan baca, International Monetary Fund, The IMF and Recent Capital
Account Crises: Indonesia, Korea, Brazil, Washington, 2003
WTO, will be considered all-fine and trouble-free. However, regulations by WTO are seems like difficult to be implemented consistently on each member state. In the case of implementation, a decision validated by DSB will not have any law assurance. Because of this, the successful upholding of retaliation will only based by the strength of foreign political power between two nations in dispute.
2. Potential Benefits of Retaliation for Indonesia as Developing
Country Under Conflict Resolution Structure by WTO
a. Benefits Shown In Another Country After The Use of Retaliation
United States used a successful retaliation act shown in the “banana case”. Unlike the dispute between Indonesia and South Korea, United States' problem against the import regulations by European Union sourced from European Union provided lower requirements special to their former colonial world, but increased the export tariff for American products (in this case, bananas). The dispute ended with United States, together with Guatemala, Honduras and Mexico succesfully upheld retaliation against so many products from European Union states, in the American market.30
European Union demanded a tariff for the bananas imported from America. On the other hand, Europen Union give so much simplicity and even remove the requirement of paying tariff for bananas imported from Carribean,
30http://www.wto.org/english/tratop_e/dispu_e/cases_e/ds16_e.htm, diakses pada 30-10-2014
Africa, and some countries in the Pacific. European Union even give larger export quota for bananas from Carribean, and decrease the export quota for bananas from America (Chiquita brands). The purpose of this action was to relieve the burden of European countries bound to oblige in aiding their former colonial world, such as Carribean, Africa, and some countries in Pacific, because some country such as England and France, should provide aid and support to their former colonial world.31
United States by the act of unilateral retaliation, increased a tariff for European product up to 100% from the normal rate. Meanwhile, the British Industrial Union stated that this unilateral retaliation act from U.S. had costed British exports up to £.82.000.000 (Eighty Two Million Poundsterlings).32
United States insisted to upheld retaliation against products from European Union whom put discrimination act on American banana products, this act was done because Chiquita brands as the largest banana exporter in America, actually gave a great revenue for the nation. Between 1992 – 1994, Chiquita Brands suffered a loss up to US$ 407 Million, followed by the decline on their stock price from US$ 40 into US$ 11 per unit.33
31http://www.globalissues.org/article/63/the-banana-trade-war,baca bagian “The WTO Rules
Against The Largest Aid And Trade Pact, The Lomé Convention”, diakses pada 30-10-2014, pukul 12.57 WIB
32 http://news.bbc.co.uk/2/hi/business/253705.stm, January 12, 1999 Published, Amerika
serikat memberikan kenaikan tariff produk dari Inggris 100% hingga akhir januari diakses pada 30-10-2014, pukul 13.25 WIB
33http://www.wikinvest.com/stock/Chiquita_Brands_International_(CQB), diakses pada
This successfull retaliation by United States to european Union left some serious questions about the law enforcing system in WTO, in which the success is strongly tied with the stregth of economic and political power of the suitor. In another case approved by Appelate Body, another suitor was Ecuador,34 which is a developing country, actually suffered a loss because of the unfair trade by European Union.35
The interesting fact was, unlike the most developing countries reviewed before, Ecuador actually had the authorization from DSB to do a crossed retaliation, because they were suffered by a total loss of US$ 201,6 Million 36 caused by the unfair trade, even with these authorization, there was still no implementation by them. Should a retaliation regulated in the “dispute statement understanding” be ratified by all member state of WTO, then it will be logic to assume if all member state prefer a litigation process as resolution rather than billateral aproach as dispute resolution, there will be no reason for Ecuador to held back retaliation.
b. Potential Benefits for Indonesia to Uphold a Retaliation Instrument
The first benefit of retaliation, should it be done by Indonesia in the future, the loss of paper company in their trade with South Korea, would be minimum, and even provide a subvention from the result of the retaliation.
34 http://data.worldbank.org/country/Ecuador, diakses pada 21-11-2014, pukul 8.30 WIB 35 http://www.wto.org/english/tratop_e/dispu_e/cases_e/ds27_e.htm, diakses pada 21-11-2014,
pukul 8.43 WIB
36
The act of Korean government, really put the export performance of Indonesian paper industri at disadvantage. When maximum revenue should be expected to reach US$ 150 Million, the actual revenue achieved by the industry was only about US$ 50 - 60 Million.37 Which shown a 60% decline in term of export accomplishement. These phenomenon were caused by the antidumping act by Korean government, and Indonesia actually have a chance to resolve with the act of retaliation.38
Since 2012, the realization of cooperation between Indonesia and South Korea reached US$ 26,9 Billion. Export value of Indonesian product was US$ 15 Billion, on the other hand South Korean products valued US$ 11,9 Billion.39 Investment in the reality sector done by South Korea gave positive development for the people of Indonesia. As a developing country with popullation more than 200 million, Indonesia in need of so many workplace for their popullation. For 2015, South Korea has approved to invest up to US$ 4 billion in the real sector development.40 This percentage if compared to the cost of antidumping certain paper product in South Korea wich costs Indonesia up to US$ 90 in turnover, which is unbalanced.
Indonesia will be the first developing country to break out from the old
37
http://www.tempo.co/read/news/2010/10/13/090284598/Soal-Dumping-Kertas-Pemerintah-Harus-Balas-Korea, diakses pada 25-10-2014, pkul 14.41 WIB
38Article 22.1, 22.2 DSU
39
http://politik.news.viva.co.id/news/read/550666-ketua-dpr-ri-bertemu-duta-besar-korea-selatan
40Ibid., Investasi tersebut ada pada lanjutan kucuran investasi perusahaan Korea Selatan yang
political and economic beliefs, which bothered the law enforcement system of WTO since a long while, especially in establishing retaliation system. There is always a doubt wether this act would be seen in a positive way, to uplift the national pride in the aspect of bargaining position, to strengthen political relation of Indonesia. A retaliation act against South Korea could also results in a loss on the macro-economic scale of Indonesian market. But from the legal aspects, justice values will be the basic standard of future law enforcement. The justice will be the foundation of law morality and will become a benchmark of a positive law system. Because justice should be an undeniable aspect for a law to enforce its power. Without justice, any regulation are not worthy of any juristical value.41
E. Closing
1. Conclusions
The reason for Indonesia to hold back any act of retaliation as a part of conflict resolution under the system of WTO will be explained below:
1. Different level of understanding between each member state regarding the juridical power of WTO regulations, especially in the use of retaliation instrument, resulted in different level of obedience to the regulations itself.
2. Law enforcement in WTO system, still mixed up with the
41 Bernard L. Tanya dkk, Teori Hukum, Genta Publishing, Yogyakarta, ctk ke 3, 2010, hlm
dealings of billateral relationship between nations in a legal dispute, this means the success of any law enforcement act by WTO will always closely related to the strength of Indonesia's political power.
3. The lack of litigation ability commonly found in developing country as the obstacle in the process of retaliation, especially by Indonesia. Because any process of conflict resolution, consultation, negotiation, until the process of litigation, all need a proper legal skill and legal expertise to suit a legal claim or to defend any accusation from the compainant.
4. High level of economic dependency of Indonesia to another member states in WTO regarding investment in Indonesia's realty sector.
Potential benefit for Indonesia after doing retalitation are:
1. Losses suffered by Indonesian company as a result of unfair trade, could be subvented by the result of retaliation by the government.
2. Suggestions
Based on this research paper, researcher will try to give some suggestions in a hope to provide a good reference for future research about conflict resolution system in WTO, and to benefit the people with a knowledge to advance national economic power, especially in international trade dispute.
1. With the stronger law enforcement in WTO regulations, member states will no longer use billateral approach to resolve any legal dispute in trade, all action should be approved by the rules in DSU. 2. Violation against any WTO regulations should be regarded as a violation in multinational treaty, not as a indirect confrontation which could result in a more serious impact to each nation.
3. Indonesia need to raise up a case of the difficulty to receive a fair benefit of retaliation for developing country in the next WTO summit, to find a solution about the need of agreement for each nation-after-dispute, after a verdict by DSB.
References
Book
Arifin, Sjamsul et.al, Kerjasama Perdagangan Internasional: Peluang dan Tantangan Bagi Indonesia. Biro Hubungan Dan Studi Internasional Direktorat Internasional Bank Indonesia. Elex Media Komputindo. Jakarta. 2007
International Monetary Fund, The IMF and Recent Capital Account Crises:
Indonesia, Korea, Brazil, Washington, 2003
L. Tanya, Bernard dkk. Teori Hukum. Genta Publishing. Yogyakarta. ctk ke 3. 2010 Mahmud Marzuki, Peter. Penelitian Hukum (edisi revisi) Kencana Prenada Media
Group. Jakarta. 2013
Maman Suherman, Ade. Hukum Perdagangan Internasional: Lembaga Penyelesaian
Sengketa WTO Dan Negara Berkembang. Sinar Grafika. Jakarta. 2014
Legislation
General Agreement on Tariff and Trade 1994
Understanding on Rules and Procedures Governing the Settlement of Dispute
Website
http://cwts.ugm.ac.id/2013/03/retaliasi-silang-bagi-negara-berkembang-dalam-dispute-settlement-mechanism-wto/ diakses pada 21-11-2014,pukul 8.42 http://data.worldbank.org/country/Ecuador, diakses pada 21-11-2014, pukul 8.30
WIB http://kbriseoul.kr/ http://kemendag.go.id
http://news.bbc.co.uk/2/hi/business/253705.stm, January 12, 1999 Published, Amerika serikat memberikan kenaikan tariff produk dari Inggris 100% hingga akhir januari diakses pada 30-10-2014, pukul 13.25 WIB
http://politik.news.viva.co.id/news/read/550666-ketua-dpr-ri-bertemu-duta-besar-korea-selatan
http://www.globalissues.org/article/63/the-banana-trade-war,baca bagian “The WTO Rules Against The Largest Aid And Trade Pact, The Lomé Convention”, diakses pada 30-10-2014, pukul 12.57 WIB
http://www.kemenperin.go.id/artikel/7445/Investasi-Korsel-Masih-Lima-Besar, diakses pada 25-10-2014, pukul 15.03 WIB
http://www.tempo.co/read/news/2010/10/13/090284598/Soal-Dumping-Kertas-Pemerintah-Harus-Balas-Korea, diakses pada 25-10-2014, pkul 14.41 WIB http://www.wikinvest.com/stock/Chiquita_Brands_International_(CQB), diakses
pada 23-11-2014 pukul 16.33 WIB
http://www.wto.org/english/tratop_e/dispu_e/cases_e/ds16_e.htm, diakses pada 30-10-2014 pukul 12.30 WIB
http://www.wto.org/english/tratop_e/dispu_e/cases_e/ds27_e.htm, diakses pada 21-11-2014, pukul 8.43 WIB
