Indonesia and The WTO Dispute Settlement System

Delvia Erfani Olii

1801405424

Indonesia's participation in the WTO. Indonesia has been a WTO member since 1 January 1995 and  a member of GATT since 24 February 1950. also Indonesia is a member of these group in theses negotiation such as Asian developing members, APEC, ASEAN and etc.

in general, opportunities and obstacles faced by the developing countries must also be experienced by Indonesia in its activities when getting involved in the settlement process of international trade dispute in the World Trade Organization (WTO). Indonesia's participation in the WTO. Indonesia has been a WTO member since 1 January 1995 and  a member of GATT since 24 February 1950. also Indonesia is a member of these group in theses negotiation such as Asian developing members, APEC, ASEAN and etc. The consequence of the position of Indonesia as a developing country is that its position becomes weak when dealing with the developed countries. This happens due to the difference of economic power among the states that become the members of the World Trade Organization (WTO). This happens due to the difference of economic power among the states that become the members of the World Trade Organization (WTO).

According to Christina L. Davis, there are four reasons why the legal-based dispute settlement system can help the developing countries when litigant with particularly the developed country,1 among other things, first, the availability of the option to file a lawsuit gives strength to the developing countries to force the developed countries to come to the negotiating table to discuss their interests. Second, the dispute settlement system such as Disputes Settlement Understanding (DSU) has made the international trade law as a benchmark to reach an agreement. Third, using a mutually agreed rules will facilitate developing countries to get allies who have similar interests to support their case. Fourth, long-term economic interests can be used to support the regulationsto encourage the compliance with the regulations. the Disputes Settlement Understanding (DSU) is one of the best achievements oneof the World Trade Organization (WTO), there are still several drawbacks in the WTO dispute settlement system that could potentially cause problems for the developing countries to obtain maximum results.

The World Trade Organization (WTO) dispute settlement system (managed under the Dispute Settlement Understanding, DSU) is undoubtedly one of the principal achievements of the WTO, representing the most widely used intergovernmental dispute resolution system in the world. In its first seventeen years, the WTO DSU has seen 452 requests for consultations made, resulting in 167 panel reports and 103 Appellate Body reports.

The purpose of this Information Note is to examine in particular the participation of Asian countries2 in the DSU. Predominantly comprised of low income and low middle income countries,3 statistics on the region’s engagement in the DSU will be illustrated and analyzed to look at behavioural patterns in its participation and to determine whether the constraints on capacity often associated with developing states also apply to certain Asian countries.