Otorisasi Cross-Agreement Retaliation Ekuador dalam Sengketa Impor Pisang dengan Uni Eropa

SUBARATA, I Gede Ketut Catur Bimantara, Poppy S. Winanti

2013 | Skripsi | Ilmu Hubungan Internasional

ABSTRACT The formation of World Trade Organization in 1995 was a step forward to a more organized and rule-binding trade regime in the world. This trade organization is acknowledged as rule-oriented institution as it implements a more detailed and binding dispute settlement mechanism, much for the gratitude of most developing countries. Nevertheless, this mechanism still presents old question of how developing countries persuade more developed countries to comply with the ruling. This paper examines the notion of cross-agreement retaliation as the solution of this problem. Cross-agreement retaliation or as commonly known as cross retaliation enables developing countries to suspend concessions in different agreement, especially in TRIPS which is a crucial concessions for developed countries. This paper examines the importance of cross retaliation by focusing on the most famous dispute in WTO, the Banana’s War, of which Ecuador, one of the plaintiffs, was granted right to cross-retaliate in TRIPS. Despite the authorization, Ecuador did not implement it’s right and the case was resolved years later. This begs the question of why Ecuador did not implement the right as the case dragged on for years. The instrument of cross retaliation can be a precedent for future dispute involving developing countries in the WTO. This paper questions the reason of Ecuador’s decision by examining the complexity of cross-retaliation implementation, the true nature of cross-retaliation, and other significant contributing factors in the dispute. Keywords: Ecuador, banana, cross-agreement retaliation, TRIPS, European Union

Kata Kunci : Perdagangan Internasional-Eropa