Peran WTO dalam upaya penyelesaian sengketa Tobacco Control Act antara Indonesia dan Amerika Serikat pada tahun 2009-2012 = The role of WTO in dispute settlement efforts of Tobacco Control Act between Indonesia and the United States in 2009-2012

Soedali, Putri Paramita (2013) Peran WTO dalam upaya penyelesaian sengketa Tobacco Control Act antara Indonesia dan Amerika Serikat pada tahun 2009-2012 = The role of WTO in dispute settlement efforts of Tobacco Control Act between Indonesia and the United States in 2009-2012. Bachelor thesis, Universitas Pelita Harapan.

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Abstract

Clove cigarettes has been a dispute between Indonesia and the United States that occurred after the United States passed the regulations of the Family Smoking Prevention and Tobacco Control Act. This regulation seeks to control tobacco products with a specific purpose, which is to prevent the use of a cigarette by teenagers as well as reducing the impact of tobacco on a public health. Subsequently, in one of the articles, namely Article 907, this regulation banning cigarettes with some specific characteristics, including clove cigarettes, but excludes menthol cigarettes. Based on the proficiency level of the exception, Indonesia filed a lawsuit. In this research paper, it uses two methods namely descriptive qualitative method and juridical normative method. Descriptive qualitative method is used to describe; first, the effect that occurs due to regulatory approval; second, the role of the WTO; and lastly, whether the implementation is done by both parties and/or in compliance with the WTO ruling. Whereas, juridical normative methods used by the author to determine whether the settlement of disputes in cigarettes have fit. In this matters, this thesis describes four purposes, which to understand the background of the dispute of the Indonesian clove cigarettes in the United States, the impact after the United States passed the regulation of the Tobacco Control Act, the role from WTO in resolving the dispute between two countries, and to determine whether the implementation that are made from both parties in accordance with the recommendation from the WTO’s decisions. The results of this study stated that the Panel finally had decided to win one of the lawsuits from Indonesia. Nevertheless, the Panel did not favor the second claim. Although the Panel's decision was not quite fair for Indonesia, the Indonesian government still feels that the WTO had done a good job. Until this day, the Indonesian government has been waiting for the United States to fulfill what it has been recommended by the Panel of WTO.

Item Type: Thesis (Bachelor)
Creators:
CreatorsNIMEmail
Soedali, Putri ParamitaUNSPECIFIEDUNSPECIFIED
Contributors:
ContributionContributorsNIDN/NIDKEmail
Thesis advisorPratikno, Roy VincentiusUNSPECIFIEDUNSPECIFIED
Uncontrolled Keywords: International Trade Dispute; WTO; TBT Agreement
Subjects: J Political Science > JZ International relations
Divisions: University Subject > Current > Faculty/School - UPH Karawaci > Faculty of Social and Political Science > International Relations
Current > Faculty/School - UPH Karawaci > Faculty of Social and Political Science > International Relations
Depositing User: Ms Meliza Faomasi Laoli
Date Deposited: 04 Oct 2018 06:25
Last Modified: 16 Dec 2019 10:20
URI: http://repository.uph.edu/id/eprint/721

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