THE IMPLEMENTATION OF WTO DISPUTE SETTLEMENT BODY IN THE TRADE DISPUTE SETTLEMENT IN THE CASE OF KOREA—ANTI-DUMPING DUTIES ON IMPORTS OF CERTAIN PAPER FROM INDONESIA (2002-2010)

Abstract

World Trade Organization (WTO) is an international organization that regulates international trade between countries in the world. One of the functions of the WTO is the settlement of inter-state trade disputes through a Dispute Resolution Mechanism which consists of several stages, including consultations, panels, appeals and the implementation after the recommendation or the decision of the Dispute Settlement Body (DSB). DSB is the body who responsible in forming the Panel, approving the Panel Report and overseeing the entire process of the dispute settlement. Indonesia as a WTO member country has exercised its right by reporting South Korea to the WTO as in the case of Korea-Anti Dumping duties on imports of certain paper from Indonesia within the year of 2002-2010. Indonesia as an exporter country feels aggrieved over the anti-dumping duties imposed by South Korea as an importing country. The anti-dumping dispute settlement process cannot be separated from the dispute settlement mechanism in the WTO. However, South Korea as an importing country did not revoke the anti-dumping duties. This is made Indonesia filed a second claim recourse to Article 21.5 of the DSU. Based on the claims, it raises a question on how does the WTO Dispute Settlement Body implement its trade dispute settlement mechanism in the case of anti-dumping duties on imports of certain paper from Indonesia as an exporting country. The research is using qualitative research method and literature study as the collected data technique. Data obtained from books, journals, documents, as well as print and electronic media. The objective of this research is to identify the results of the settlement of anti-dumping trade dispute by the DSB of the WTO. Based on the research, the researcher conclude the DSB has implemented the WTO dispute settlement procedure and the theory of Liberalism in International Relations has worked to analyze the case of Korea—Anti-Dumping Duties on imports of certain paper from Indonesia within the year 2002-2010.