World Trade Research Articles

Juridical Review of E-commerce Selling and Buying on Consumers and Buyers in Indonesia

The use of e-commerce in the world of trade has had a huge impact on Indonesian society, this is related to very important legal issues. The importance of legal issues in the field of E-commerce, especially in providing legal protection for consumers who carry out buying and selling transactions via the Internet. This development emerged due to offers and acceptance from the public, as evidenced by the emergence of various online stores such as Kaskus, Tokopedia, Bukalapak, Shopee and Lazada. This research aims to find out and analyze legal protection for consumers in online buying and selling transactions (e-commerce) and to find out and analyze legal remedies that can be taken by consumers if there is a default in online buying and selling transactions (e-commerce). The approach method used in this research is a normative juridical approach. The specification of this research is descriptive analysis. The data source used is secondary data, which consists of primary, secondary and tertiary law. The data collection tool is library research. The data analysis technique used is qualitative analysis. The results of this research and discussion are legal protection for e-commerce users by upholding consumer rights in accordance with Law Number 8 of 1999 concerning Consumer Protection articles 19, 20, 21, 24, and 26 and regulations related to the implementation of online buying and selling (e-commerce) and the implementation of consumer protection is also supported by involving several parties such as the government, national consumer protection bodies and non-governmental consumer protection institutions. Legal efforts that can be taken to resolve defaults in Law Number 8 of 1999 concerning Consumer Protection are litigation and non-litigation.

INVESTIGATION OF BLUE ECONOMY AND ITS IMPACT ON GLOBAL MARITIME TRANSPORTATION

According to sustainability, the Strategy to protect the oceans, water surfaces, and water resources that constitute 70% of the world is generally called a Blue Economy (BE). This Strategy maximizes the return from the aquatic environment, which can only be achieved when economic activity is perfectly balanced with the long-term activity of ocean ecosystems. Threats arising during and after studies and activities should be anticipated and actively reduced. This proactive stance is fundamental to the Blue Economy philosophy and allows us to reap its benefits while protecting our oceans. One of the most essential elements of the Blue Economy philosophy is maritime transportation, Ships, and Ports. The maritime industry should remain sustainable and green as it develops. The study investigated the impact of the Blue Economy on maritime transportation and how maritime transportation affects world trade.

On some aspects of the WTO Jurisprudence and Dispute Settlement Mechanism

The paper first explores certain aspects of dispute resolution mechanism implemented within the World Trade Organization and then proceeds with the legal analysis of a number of legal presumptions, concepts and principles both of procedural and substantive legal nature developed and applicable within the framework of the above mentioned mechanism for resolving disputes between the WTO member-states. The Paper examines the main features that distinguish the dispute resolution mechanism used within the WTO from the GATT mechanism, which mechanism, i/e/ the one implemented within the WTO framework, is recognized to be more legal in nature in contrast to the more political nature of the GATT dispute resolution mechanism, given that under the GATT mechanism the direct negotiations had more weight in reaching the final settlement than within the WTO system, where formal juridical disciplines, as the practice of dispute settlement indicates, play far more role and has become a key element of the system. Also, certain procedural presumptions and principles applicable in the adjudication process as well as the procedure and feature characteristic for the enforcement of decisions are examined in the paper based on and with reference to the number of panel and Appellate Body decisions. Decisions delivered by panels and the Appelate Body represent a very important tool for the interpretation of the WTO law and shapes the practice of its implementation. In this regard, although it is not considered a formal source, Appelate Body and panel decisions should be considered as an important source of both procedural and substantive WTO law. The DSB practice established under the GATT/WTO law, on the one hand, defines a set of applicable procedural rules and on the other hand, develops the WTO substantive law by way of developing the criteria and rules governing the application of provisions of the WTO agreements and other sources governing rights and obligations of the member-states. Particular attention in this regard is paid to the peculiarities of the application of the principle of responsibility for lawful actions applied in the WTO jurisprudence, under the relevant WTO agreements and more specifically under the GATT, GATS, TRIPS and SCM Agreements. Also a number of procedural concepts the principles e.g. the “prima facie case”, “rational relationship” elaborated in the “Hormone” case, principle of multi-criteria assessment initially applied in «Korea - fresh, chilled and frozen meat» case and negative presumption rule applied by the panels are analysied.

Shadow Negotiators: How UN Organizations Shape the Rules of World Trade for Food Security. By Matias E. Margulis. Stanford, CA: Stanford University Press, 2023. 292p. $80.00 cloth.

Shadow Negotiators: How UN Organizations Shape the Rules of World Trade for Food Security. By Matias E. Margulis. Stanford, CA: Stanford University Press, 2023. 292p. $80.00 cloth.

Cross-sectional association between posttraumatic stress and cognition is moderated by pulmonary functioning in world trade center responders.

Posttraumatic stress disorder (PTSD) symptomatology and poorer pulmonary function are highly prevalent psychiatric and medical conditions. In the present study, we tested for the individual, additive, and modifying associations of PTSD symptomatology and pulmonary function with cognitive performance. In this cross-sectional study, a total of 1,401 World Trade Center (WTC) responders (mean age = 53, SD = 8 years, 92% males) participated in the study. Cogstate assessment measured cognitive performance. PTSD symptomatology was measured using the trauma-specific version of the posttraumatic stress disorder checklist (PCL-17) adapted for the WTC attacks. The 1-second forced expiratory volume and forced vital capacity (FEV1/FVC) ratio was used to measure pulmonary function. Linear regressions with cognitive performance as the outcome were conducted to assess individual, additive, and moderating associations of PTSD symptomatology and pulmonary function. Higher PTSD symptomatology and poorer pulmonary function were negatively associated with cognitive performance. A 10% increase on the FEV1/FVC ratio moderated the association between PTSD symptomatology and cognition, whereby its association with cognition was stronger when PTSD symptomatology was higher (est. = 0.01, 95%CI = 0.004, 0.01, p < 0.001). When stratified by responder type, these associations persisted in trained (est. = 0.01, 95%CI = 0.01, 0.02, p < 0.001), but not in non-trained (est. = 0.004, 95% C.I. = -0.01, 0.02, p = 0.39) responders. In the presence of higher PTSD, better pulmonary functioning is associated with better cognitive performance. Early intervention efforts to mitigate preventable cognitive decline in high-risk populations should be studied, especially since intervention in one modality may have an impact on others.

Permanent Sovereignty vs. International Obligations

This research analyses Indonesia's policies related to downstreaming and restrictions on raw nickel exports that have caused international debate, especially the European Union which complained against Indonesia to the World Trade Organization (WTO) in Dispute Settlement 592 (DS-592). The study explores Indonesia's position as a WTO member that is being questioned for its policy of banning nickel ore exports to the European Union, and examines the DS-592 ruling in relation to the permanent sovereignty debate. This article uses a normative juridical method with doctrinal, comparative, and case approaches. The results show that Indonesia has permanent sovereignty over its nickel ore guaranteed by UN Resolution 1803. Therefore, Indonesia must exercise this sovereignty with due regard to international obligations. Indonesia should learn from China's export regulations as it prioritises export restriction policies rather than export bans. By applying China's approach, Indonesia can prevent the problems that occurred in DS 592. However, a series of nickel downstream policies implemented by Indonesia have violated the provisions of the WTO Agreement. This article also explains that the vacuum of the Appellate Body does not negate the EU's authority to retaliate against Indonesia. This article concludes that Indonesia must implement a policy determining the percentage of downstream nickel ore, as well as nickel ore that will be exported. This conclusion has resulted in the theoretical idea that no sovereignty can be exercised in violation of the country's international obligations. Thus, each country must be able to establish policies that can balance national interests with international obligations. KEYWORDS: Export Restrictions, International Obligations, Nickel Ore, Soverignty, WTO.

Linguistic borrowings in trade terminologies: an analysis of ancient Indian and Egyptian languages from 3300 BCE to 500 CE

The research delves into the intricate web of linguistic borrowings in trade terminologies between Ancient Indian languages (Sanskrit, Prakrit) and Egyptian languages (Ancient Egyptian Hieroglyphs, Demotic script) spanning from approximately 3300 BCE to 500 CE. Through a meticulous analysis of selected literary texts and inscriptions, including the Hathigumpha Inscription, Rudradaman I Inscription, Junagadh Rock Inscriptions, Nasik Cave Inscriptions, Rosetta Stone, Satirical Papyrus, and Turin Taxation Papyrus, the study unravels the linguistic evolution and cultural exchanges embedded within ancient trade networks. Contextualizing these linguistic borrowings within the historical framework of trade routes, maritime activities, and economic exchanges, the research sheds light on the nuances of communication and adaptation in commercial interactions. By employing rigorous research methodologies and comparative studies, the findings offer a comprehensive understanding of how language served as a bridge for commerce, diplomacy, and cultural exchange between these ancient civilizations. This study not only contributes to the fields of linguistic history and ancient trade studies but also offers valuable insights into the dynamic interplay of language, trade, and cultural connectivity in the ancient world.

Examining Indonesia's Behaviour Patterns in the EU's Request for a Ban onIndonesia's Nickel Exports at the World Trade Organisation (WTO)

Indonesia is one of the largest nickel ore producers in the world. However, as a nickel oreexporter, Indonesia has not seen any benefits from this activity. The nickel ore export banpolicy issued by Indonesia was then sued by the European Union through the WTO whichended in Indonesia's defeat. Nevertheless, Indonesia continues to ban nickel ore exportsbecause it considers the WTO decision not final. After all, an appeal has not been made. Thisresearch was conducted with a descriptive qualitative method using secondary data in theform of data that had been found and released first by previous researchers. This researchaims to see how Indonesia's attitude towards the WTO ruling.

Dispute Settlement between Indonesia and Australia on A4 Copy Paper AntiDumping Case by World Trade Organization (W.T.O.)

The World Trade Organisation (WTO) has rendered the resolution of the A4 copy paperanti-dumping dispute between Indonesia and Australia a matter of worldwide significancein recent times. The dispute originated when Australia levied anti-dumping tariffs on A4copy paper imported from Indonesia. Consultations were conducted between Indonesia andAustralia, but, a consensus could not be achieved. Indonesia subsequently initiated legalproceedings before the World Trade Organisation (WTO), which ultimately rendered averdict in favour of Indonesia's claim against Australia for the imposition of an antidumping duty (BMAD) on A4 copy paper originating from Indonesia. An examination ofdispute settlement proceedings reveals that the World Trade Organisation (WTO) aims toguarantee that anti-dumping measures do not infringe against WTO regulations. Thisarticle will provide a detailed analysis of the World Trade Organisation (WTO) resolutionof the A4 copy paper anti-dumping conflict between Indonesia and Australia, and itsconsequences for international commerce.

Analysis of Dispute Settlement Dynamics Analysis of behaviors in the import tariffdispute between the United States and China

The ongoing dispute over import tariffs between the United States and China has emergedas a significant concern within the global economy since 2018. Chinese retaliation, triggeredby the United States’ imposition of import taxes on Chinese imports as a response to unfairtrade practices including intellectual property theft and detrimental subsidies, furtherintensified global trade tensions. Both nations ultimately sought resolution of the importtariff dispute by appealing to the World Trade Organisation (W.T.O.). This study employs adescriptive qualitative approach, combining International Relations theory and caseanalysis to interpret the diplomatic strategy and conduct in settling this trade conflict.Analysis was conducted on data obtained from papers, official websites, and books toinvestigate the resolution of disputes through the World Trade Organisation (WTO) and theeconomic consequences of trade retaliation. The findings underscore the intricacy ofinternational economic relations, and the conduct exhibited by participants in managingconflicts. This study highlights the crucial significance of international organizations inpreserving trade stability and offers valuable understanding of the mechanisms involved inresolving disputes related to intricate import tariff conflicts.

Business on Nickel Downstreaming with China and European Union Lawsuits

That the downstream nickel business between Indonesia and China aims to obtain maximum profits for the welfare of the Indonesian people, which is based on legal regulations issued by the Indonesian government. As Chinese companies are building purification and processing plants or nickel smelters in Indonesia with a large investment value, the Indonesian government obtains a substantial advantage from the export through the export of domestically processed nickel. Also, Indonesian and Chinese companies both benefit from having a nickel smelter or refining and processing factory in Indonesia. These advantages encompass Chinese investment in Indonesia, job creation in Indonesia, and increased export outcomes. However, this development has raised concerns in the European Union, primarily because Indonesia recently banned the export of nickel ore. Instead, Indonesia has encouraged the domestic processing of nickel ore to add value to nickel products. Indonesia as one of the world’s largest nickel producers has regulations in terms of nickel exports. This is stated in the Regulation of the Minister of Energy and Mineral Resources Number 11 of 2019 concerning the Second Amendment to the Regulation of the Minister of Energy and Mineral Resources Number 25 of 2018 concerning the Business of Mineral and Coal Mining. In this regulation, Indonesia imposes a ban on the export of nickel ore. Related to this ban, the European Union also reacted by filing a lawsuit filed at the World Trade Organization (WTO). Based on the Constitution, the welfare of the Indonesian people is the main goal through the management of natural resources, so outside parties or other countries cannot intervene.

Teaching the art of compassionate inquiry: involving survivors from 9/11 in social work education

ABSTRACT This paper reports findings from pedagogic research evaluating the impact of the involvement of survivors from the World Trade Center attacks in New York City in 2001 in trauma-specific social work education. A pedagogic approach to mental health education is discussed which aims to prepare students to develop trauma-informed assessment and intervention skills concurrent with their encounters with trauma survivors in field practice placements. The small-scale research involved surveying students’ evaluations at a university in New York, following exposure to first-hand accounts of survivors’ experiences. Across the three areas—confidence in knowledge of trauma, impact on learning, and preparation for field practice—the evaluation findings indicate that the students’ knowledge, gained from the involvement of 9/11 survivors, improved over time. This paper presents the background to this project, preparations involved, and findings from research evaluations with the students. The findings suggest that the involvement of those with direct and lived trauma experience in classroom teaching, whilst challenging, can yield positive impacts for students. The 9/11 survivors poignantly shared with students that their lives were changed forever in the aftermath of these events. The findings have potential global educational impact and resonance.

Enhanced human activities since 20th century in pearl river delta, southern China: Evidence from high-resolution sedimentary records of polycyclic aromatic hydrocarbons and synthetic musks

To understand the environmental impact of anthropogenic activities, the high-resolution temporal and compositional variations of polycyclic aromatic hydrocarbons (PAHs), oxygenated PAHs, and synthetic musks, related to human activities were investigated in a sediment core taken from the Pearl River Estuary, southern China. The temporal trend of the target compounds was evidence of the considerable impact of anthropogenic activities in the Pearl River Delta. Two significant increases of the target compounds levels in the sediment core were aligned with two nodes of key periods of economic development in China, namely, the foundation of People's Republic of China (1950s) and China's accession to the World Trade Organization (2000s). Subsequently, the significant decline of the target compounds in sediments from the 2010s indicated the successful regulation of pollutant discharges and pollution control measures. The increase in the contribution of higher molecular weight PAHs suggested a potential transition from agricultural activities to industrial activities.

Assessing the efficiency of the effect of innovations on the development of grain processing enterprises

This study evaluates the impact of the introduction of deep grain processing on the development of grain processing enterprises. The main problems of processing grain crops in the Republic of Kazakhstan have been considered. The need to assess the impact of the innovative process of enterprise development was outlined. The research was carried out in the North-Kazakhstan region; the object of the study was the grain processing industries in the North-Kazakhstan region. The results show the following: 1) total cost savings when expanding the level of gluten consumption (up to 3 % by weight of the volume of flour consumed) will save USD 18.5 billion. The savings are due to the significant improvement in the baking properties of the flour when adding 1−3 % gluten to the level of the highest quality wheat flour. At the same time, due to the manufacturability of the process and the use of the lowest quality raw materials, the unit cost of gluten in terms of protein is lower than the price of high-quality wheat necessary for baking; 2) in the processing of starch and amino acids, grain starch is the main product of world trade among all goods of the grain processing industry, and gluten ranks only second in terms of world imports. The share of issued patents in the area of starch production is also leading among the sectors of deep grain processing; 3) the implementation of the developed project for deep processing of grain in Northern Kazakhstan could significantly improve the indicators of innovative development of the country: the increase in innovative products of the manufacturing industry in the country as a whole would be 19.1 %. The growth of non-resource exports would equal 1.5 %. The annual increase in the enterprise's revenue could be about USD 0.47 per USD 1 of investment costs compared to the base scenario for the sale of unprocessed wheat. The scope of practical application of the results extends to the grain industry. The project has a significantly wider range of manufactured products and is focused on the markets of neighboring countries, which could reduce export risks to a minimum and provide stable demand for the company’s products

Modern Industrial Policy and the World Trade Organization

This article surveys the economics of industrial policy as it relates to the World Trade Organization (WTO). Motivated by concern that the modern use of industrial policy is emerging in ways that threaten cooperation in the international trading system, the article begins with the basic historical economic framework for tying industrial policy to underlying market failures. It then introduces the dominant economic understanding of the role played by the WTO, examining the WTO's rules on subsidies (and thus industrial policy), the unease with the evolution of the trading system's subsidy rules, gaps in knowledge, and important data and measurement shortcomings. The main part of the article examines four areas in which modern industrial policy operates differently and has become especially important for the trading system: China, supply chain resilience, supply chain responsiveness, and climate change. The article identifies the evidence to date, open questions, and potential paths forward for economic research to help inform policymakers’ efforts to restore international economic cooperation in trade and industrial policy.

Mutual reinforcement of land-based carbon dioxide removal and international emissions trading in deep decarbonization scenarios

Carbon dioxide removal (CDR) technologies and international emissions trading are both widely represented in climate change mitigation scenarios, but the interplay among them has not been closely examined. By systematically varying key policy and technology assumptions in a global energy-economic model, we find that CDR and international emissions trading are mutually reinforcing in deep decarbonization scenarios. This occurs because CDR potential is not evenly distributed geographically, allowing trade to unlock this potential, and because trading in a net-zero emissions world requires negative emissions, allowing CDR to enable trade. Since carbon prices change in the opposite direction as the quantity of permits traded and CDR deployed, we find that the total amount spent on emissions trading and the revenue received by CDR producers do not vary strongly with constraints on emissions trading or CDR. However, spending is more efficient and GDP is higher when both CDR and trading are available.

Exposure to the World Trade Center Particulate Matter Alters the Gut-Brain Axis in Early Onset Alzheimer's Disease Mice.

The September 11, 2001, catastrophe unleashed widespread destruction beyond the World Center (WTC), with fires and toxic gases leaving lasting impacts. First responders at Ground Zero faced prolonged exposure to hazardous particulate matter (PM), resulting in chronic health challenges. Among the multitude of health concerns, the potential association between the WTCPM and Alzheimer's disease (AD) has emerged as an area of intense inquiry, probing the intricate interplay between environmental factors and neurodegenerative diseases. We posit that a genetic predisposition to AD in mice results in dysregulation of the gut-brain axis following chronic exposure to WTCPM. This, in turn, may heighten the risk of AD-like symptoms in these individuals. 3xTg-AD and WT mice were intranasally administered with WTCPM collected at Ground Zero within 72 hours after the attacks. Working memory and learning and recognition memory were monitored for 4 months. Moreover, brain transcriptomic analysis and gut barrier permeability along with microbiome composition were examined. Our findings underscore the deleterious effects of WTCPM on cognitive function, as well as notable alterations in brain genes associated with synaptic plasticity, pro-survival, and inflammatory signaling pathways. Complementary, chronic exposure to the WTCPM led to increased gut permeability in AD mice and altered bacteria composition and expression of functional pathways in the gut. Our results hint at a complex interplay between gut and brain axis, suggesting potential mechanisms through which WTCPM exposure may exacerbate cognitive decline. Identifying these pathways offers opportunities for tailored interventions to alleviate neurological effects among first responders.

Review: Impact of food safety on global trade.

Food safety encompasses the supply and assurance of safe, high-quality food for consumers. It is a crucial aspect of food security, gaining greater global attention due to the increasing number of widespread foodborne incidents. International trade is expanding as countries increasingly rely on each other to secure a sufficient and diverse food supply. Beyond this, concerns about food safety have become more prevalent due to various factors. Therefore, this review aims to investigate the effects of food safety-associated risks on the international trade of food and related products. A total of 37 published studies retrieved using different search engines were included in this review. This review revealed that because of rapid population growth and rising food demand in developing nations, agricultural intensification is growing. It has been found that foodborne illnesses and associated discrepancies can impede the international trade of food commodities. Trade bans due to the fear of foodborne illnesses are growing. The consequences of foodborne diseases are multifaceted and include financial losses from trade restrictions, medical costs for prevention or control, resource depletion and a decline in food production. The overall effects are increased international trade tensions and livelihood vulnerability to poverty, notably for small-scale livestock producers. Potential food contaminants include microbes, pesticides, pharmaceutical residues, heavy metals and fraudulent such as improper food processing, mislabelling, poor packaging, adulteration and substitution. Hence, countries are encouraged to harmonize the rights and duties set by the World Trade Organization under sanitary and phytosanitarys to maximize their advantages in global markets. Based on this evidence, we recommend that each country develop and integrate regulations that would ensure the safety of both domestic and international food production systems. Furthermore, the global community should either revise the current functioning food regulatory and monitoring body or establish a more genuine collaborative network.

Political Prioritization of Access to Medicines and Right to Health: Need for an Effective Global Health Governance Through Global Health Diplomacy Comment on "More Pain, More Gain! The Delivery of COVID-19 Vaccines and the Pharmaceutical Industry’s Role in Widening the Access Gap"

Borges and colleagues’ article entitled "More Pain, More Gain! The Delivery of COVID-19 Vaccines and the Pharmaceutical Industry’s Role in Widening the Access Gap," analyzes the role of pharmaceutical companies in providing equitable access to COVID-19 vaccines. They concluded that with the failure of COVID-19 Vaccine Global Access (COVAX), the health gaps have widened due to the profit-driven pharmaceutical sector. In this commentary, we highlight the role of COVAX and its attempt to bridge some access gaps since its inception and the need for reforms in policy-making and global health governance. The commentary highlights the role of global health diplomacy in promoting equity and negotiating the Trade-Related Aspects of Intellectual Property Rights (TRIPS) waiver for COVID-19 vaccines at the World Trade Organization (WTO) thereby promoting global solidarity, global partnerships, access to medicine and health products, and the right to health. We conclude that political prioritization is the key to balance the impact of profit-driven pharma industry and addressing the needs of low- and middle-income countries (LMICs).

Canada and Japan can play a role in rebuilding a rules-based trade order

The rules-based trade order confronts a crisis as both rule-making and enforcement have stalled in the World Trade Organization (WTO). Locked in great power rivalry, the United States and China are undermining the rules, making it necessary for middle powers like Canada and Japan to lead a coalition to reform the WTO. Working together they should advocate for greater transparency over subsidy policies and guidelines for how to balance security goals with economic cooperation.