THE LEGALITY OF QATAR’S TRADE EMBARGO CONDUCTED BY ARAB COUNTRIES BASED ON WORLD TRADE ORGANIZATION RULES
MUHAMMAD KURNIAWAN TUIYO, 14410321
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Embargo is one of the forms of economic sanction in international communities. The current issue on embargo since 2017 was the embargo conducted by some of Arab countries over Qatar. The dispute raised related to the legality of the embargo imposed by some of gulf countries whether it is complied with WTO rules or not, especially the Article XXI of the General Agreement on Tariffs and Trade. Furthermore, this research analyzed the WTO’s jurisdiction to interpret Article XXI of GATT on Security Exceptions and the measures of Article XXI of GATT on Security Exceptions, subsequently, obtained the legality status from these factors. Furthermore, the research employed normative juridical approach method. The research was aimed at understanding the related issues, the researcher analyzed the contextualization of the legal principles regarding the issue of the legality of the embargo implemented over Qatar by its Arab neighbors. The result shows that, WTO had no jurisdiction to interpret the measures of Article XXI of GATT on Security Exceptions. In addition, the measures of embargoing countries as the basis of legality of Qatar’s trade embargo conducted by some of Arab countries based on World Trade Organization rules was actually valid. In order to ensure the legal certainty, World Trade Organization should provide a clear legal instrument or system that accommodates such dispute. WTO also needed to provide clear criteria related to the measures of the article, for example, the criteria of the article XXI of GATT should be based solely on commercial reasons. Therefore, it would not overlap the commercial or political reasons in which the competence would be adjudicated by WTO Dispute Settlement.
- Law