Prinsip Non-diskriminasi Berdasarkan GATT 1994 dalam Putusan Panel WTO DS593 Terkait dengan Gugatan Indonesia terhadap Kebijakan Renewable Energy Directive II Uni Eropa

Abstract

The European Union’s Renewable Energy Directive (RED) II, which restricts the use of Indonesian palm oil-based biodiesel, has triggered a trade dispute at the World Trade Organization (WTO) on the grounds that it allegedly violates the principle of non-discrimination under the General Agreement on Tariffs and Trade (GATT) 1994. This research aims to analyze the WTO Panel’s decision in case DS593, which evaluates the consistency of the RED II policy with the principle of non-discrimination under the GATT 1994. Based on this context, the research addresses the following legal questions: First, how is the principle of non-discrimination, including its exceptions, regulated under GATT 1994? Second, what legal arguments were advanced by Indonesia and the European Union in dispute DS593 regarding the Renewable Energy Directive II? Third, how did the WTO Panel assess the legal claims presented by both parties in light of the non-discrimination principle under GATT 1994?. This thesis adopts a normative juridical research method, employing a case study approach. The research is conducted by collecting and analyzing legal literature and secondary data sources. The findings reveal that the WTO Panel concluded RED II to be inconsistent with the Most Favoured Nation under Article I:1 and the National Treatment under Article III:4 of GATT 1994. The policy was deemed to create discriminatory trade barriers against palm oil based biofuel products originating from Indonesia, while conferring a competitive advantage to like products from other countries. Furthermore, the Panel rejected the European Union’s defense under Article XX of the GATT, as it was not properly invoked to justify violations of Articles I:1 and III:4. Even when Article XX was raised separately, the justification was dismissed due to the discriminatory nature of the ILUC risk certification. This highlights the need for clearer guidelines to prevent the misuse of environmental exceptions as a form of disguised protectionism.