THE POLEMIC OF GIVING DIRECT EFFECT OF WTO LAW AND DSB DECISION TO DOMESTIC LAW FOR INDIVIDUAL’S JUDICIAL PROTECTION
Abstract: The main objective
of WTO Law is to accommodate individual’s right in order to obtain better
benefit of international trade. However, when a government violates WTO Law, it
is therefore causing deprivation of individual right itself. Direct effect
seems to be a feasible doctrine to provide a judicial protection for individual,
in order to rebalance the right that is violated. Nevertheless, this doctrine
is intractable to imply. This article discuss the polemic of giving direct
effect of WTO Law and DSB Decision to domestic law to provide judicial
protection for individual who becomes victim of WTO violation conducted by
government.
Author: Intan Soeparna
Journal Code: jphukumgg150069
