Analyzing the Lawsuit of the European Union Over Nickel Ore Export Regulation in Indonesia


GATT, Nickel Ore; Export; Indonesia, European Union


Nickel ore constitutes among Indonesian export commodities which have been the cause of a massive increase in exports. Another reason for the increase in the Indonesian exports was the absence of regulation on export trade for mineral and ores. This research aimed to find how the principle of the quantitative restriction outlined in GATT 1994 over the restrictions of nickel export by Indonesia was implemented. This research adopted legal research design with conceptual and statutory approach. The findings reveal that Indonesia, against which the lawsuit was filed, had to come with adequate evidence as legitimating grounds either in terms of economic or non-economic aspects, and examples of these legitimating grounds were mentioned in Article XX (g) of GATT 1994 as in the case of China – Raw Materials, suggesting that referring to Article XX (g) of GATT 1994 must not overlook the objectives of the protection of exhaustible natural resources, including the preventive protection coming from the state. This case study would be a useful source of information for the academia and the legal practitioners.