Abstract:
Free trade has opened the opportunity for countries to exchange commodities and
to preserve their effort to fulfill domestic demands. In trade dispute as a
phenomenon has reoccurring between countries and is very common. World Trade
Organization has the capacity to authorize what is considered to be fair trade based
on its member countries agreed-upon clause. The existence of this international
organization ensures that member countries act in accordance to the ground
breaking agreements. Indonesia-EU biodiesel and nickel dispute offers the
opportunity to study the role of one of the World Trade Organization’s General
Council in accommodating the dispute in the case of Crude Palm Oil, biodiesel
discrimination, and measures related to raw materials. This manuscript aims to
provide the analysis of the role of WTO Dispute Body Settlement in the case of
biodiesel and nickel dispute. To provide a clear scrutiny, this manuscript utilizes
Barnett and Adler’s concept h to study International Organization using both
institutional and regime approach with the support of Barkin’s regime and
institutional approach to see how International Organization carries its role. The
framework allows this analysis to define the affair of the dispute, the role of the
institution, and the significance effect on certain agendas. The scopes of this
analysis are evolved around, first, the role of the World Trade Organization as an
international institution in regard to the GATT. To discuss this, an overview of the
biodiesel and nickel ore dispute lawsuit will be thoroughly analysed using the
available data from 2018 until 2022. World Trade Organization provides the forum
for both countries to resolve the issue. Hence, the second scope is the injury and
damage caused by the two countries and the obligations resulting from the panel
results of the jurisdiction. Consequently, the third focus in this analysis is the
significance of WTO Dispute Settlement verdicts and the prospects of the
relationship of Indonesia and the European Union to which the role IOs carry
according to Barnett & Adler concept.
