Legal Analysis of Tobacco Dispute Between Indonesia vs United States Under Wto Relating to National Treatment Principles

Sinta Dewi


DOI: http://dx.doi.org/10.17304/ijil.vol8.3.308

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Abstract


This article discusses the disputes between Indonesia vs United States under
the WTO relating to the application of United States National Regulation
on the Family Smoking Protection and Tobacco Act, 2009 in prohibiting
the production or sale of clove cigarettes. Currently, WTO is to rule
on Disputes and the Panel has been established to settle the disputes. The
main objectives of this article to analyze national treatment principles under
the WTO agreement and General Exception under Article XX WTO as
one of the basic legal claims submitted by Indonesia.This article will study
and analyze how far the WTO obligations will be applied in that case. The
Article organized as follows, first, discuss the national treatment obligation
and general exception under the WTO Rule, second, analyzing the similar
cases under the GATT and WTO Dispute Setlement. Finally, the article will
be analyzing the Tobacco disputes.




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