Effectiveness and Justice of the World Trade Organization Adjudicatory Dispute Settlement System: Indonesia Experiences as Developing Country
Author(s): Triyana Yohanes/Prof. Dr. Adi Sulistyono, SH, MH/Prof. M. Hawin, SH.,LL.M.,PhD
Even though the WTO DSB decision is legally binding and must be performed, in some cases DSB WTO decisions that Indonesia won in disputes against developed countries have not been yet complied with and performed. As the result, adjudicatory dispute settlement system under the WTO become less effective and caused injustice for Indonesia as a developing country. This study aimed to overcome those problems of ineffectiveness and injustice in the WTO adjudicatory dispute settlement. From this study, it could be concluded that the absence of sufficient enforcement measures in implementing the DSB WTO decision caused the implementation of the decision depend on the power of the winning party to force the losing party. It is advantageous to developed countries and therefore disadvantageous to developing countries, and also hampers the enforcement of the WTO law. In order to overcome these problems, the WTO should establish independent and credible adjudicatory dispute settlement system, and there should be effective sanctions against non compliance with the decision.