RESTRICTION OF INDONESIAN NICKEL ORE EXPORT BASED ON THE PERSPECTIVE OF QUANTITATIVE RESTRICTION PRINCIPLE IN GENERAL AGREEMENT ON TARIFFS AND TRADE

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This research aims to find out whether the policy of restriction of Indonesia’s nickel ore export is in accordance
with the rules of international economic law. The quantitative restriction policy on Indonesia’s nickel ore
exports has drawn criticism from the European Union. The reason is that Indonesia’s actions in carrying out
quantitative restriction on export of nickel ore are considered to violate one of the principles in the General
Agreement on Tariffs and Trade, namely the principle of prohibition on quantitative restriction. This principle
is contained in Article XI: 1 of the GATT. This research used literature review, namely by collecting and
analyzing literature that is closely related to the problem that is the focus of this research. The data was
analyzed using analytical descriptive technique, so that it can analyze Indonesia’s export restriction policy
with juridical provisions in international trade law, especially in the General Agreement on Tariffs and Trade
(GATT). The results of the research indicated that Indonesia’s actions are in accordance with Article XI: 2(a),
which regulates the exception to Article XI: 1, with certain conditions which constitute a dispensation to the
principle of quantitative restriction. Indonesia’s nickel ore export restriction is also implemented to protect
the environment in order to prevent scarcity and to encourage the battery industry in Indonesia to boost the
economy. Therefore, the Indonesia’s policy can be justified by international law.
Keywords: GATT; Quantitative Restriction; nickel ore; nickel export