CD Skripsi

Eksistensi Multi-Party Interim Appeal Arbitration Arrangement Sebagai Arbitrase Pasca Kekosongan Anggota Appellate Body World Trade Organization

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The WTO as a world trade organisation has a dispute settlement system that allows member countries to comply with the results of the dispute decision through the provisions stipulated in the Dispute Settlement Understanding. Dispute settlement is carried out by the WTO body, the Dispute Settlement Body and has several stages of settlement, namely consultations, Panels, and Appellate Body. Since 2017, one of the WTO member countries, the United States, did not approve the appointment of Appellate Body members, resulting in a vacancy in the Appellate Body and it cannot function to resolve appeals since 2019. To provide a temporary solution to the Appellate Body's malfunction, several WTO member countries established an alternative appellate arbitration body called the Multi-Party Interim Appeal Arbitration Arrangement. The establishment of this body is intended to fill the temporary void caused by the non-functioning of the Appellate Body. .
The objectives of this study are first, to know the existence of the Multi-Party Interim Appeal Arbitration Arrangement as arbitration after the vacancy of the WTO Appellate Body members. Second, to know the mechanism that can be done by the WTO to reactivate the Appellate Body based on the provisions of the Dispute Settlement Understanding.The type of research used is normative research by conducting a literature study through data sources derived from legal materials. This research examines the principle of state will and the principle of good faith to deal with the crisis that has occurred in the WTO dispute settlement system.
The results of this study indicate that the existence of the Multi-Party Interim Appeal Arbitration Arrangement as arbitration after the vacancy of the WTO Appellate Body members does not provide a real solution and instead creates uncertainty among WTO member countries because the Multi-Party Interim Appeal Arbitration Arrangement is not binding and is outside the WTO dispute settlement system. The position of the Multi-Party Interim Appeal Arbitration Arrangement that is outside the system causes a lot of uncertainty and the resulting decisions are not binding. In addition, the results also show that the WTO as an international organisation can conduct voting or majority voting through a meeting held by the Dispute Settlement Body to reactivate the Appellate Body in accordance with the provisions of Article 9 of the WTO Agreement.

Keywords: Appellate Body, Dispute Settlement Understanding, Arbitration

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Ketersediaan

Informasi Detail

Judul Seri

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No. Panggil

2009112879

Penerbit

Pekanbaru : Universitas Riau - F. Hukum - F. Hukum Internasional., 2024

Deskripsi Fisik

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Bahasa

Indonesia

ISBN/ISSN

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Klasifikasi

2009112879

Tipe Isi

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Tipe Media

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Tipe Pembawa

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Edisi

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Subjek

HUKUM INTERNASIONAL

Info Detail Spesifik

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Pernyataan Tanggungjawab

Vina

Versi lain/terkait

Lampiran Berkas

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