THE PRINCIPLE OF JUSTICE TOWARD THE WTO RETALIATION BASED ON ARTICLE 22 OF DISPUTE SETTLEMENT UNDERSTANDING

Abstract

World Trade Organization (WTO) as the only world trade organization. The principle of
justice in international trade is not done as it should because there are still many cases of
fraud from various kinds of state backgrounds, thus it is necessary to hold retaliation as a
form of corrective justice in international trade law, which aims to rebalance trade. This
studyaims to analyze the regulation of WTO international trade law based on the principle of
justice, and analyze the fulfillment of the justice principle in implementing international
trade retaliation which based on the provision of Article 22 Dispute Settlement
Understanding (DSU). The type of study conducted was juridical-normative through the
statute approach, case approach, historical approach, comparative approach and conceptual
approach. Retaliation as a dispute resolution mechanism in the WTO did not work according
to its objectives as specified in Article 3.3 of DSU. Based on the analysis,the legal regulation
applied the first principle of justice to procedural aspects in each structure of the WTO,
meanwhile the second principle of justice was applied to the substantial aspects from the
implementation of international trade. In some cases, the fulfillment of the justice principle
was fulfilled only in the retaliation conducted by Developed Countries and Developed
Countries.