Efektivitas Forum Penyelesaian sengketa ASEAN dan Penyelesaian Perkara Cukai Rokok Thailand dan Filipina

Abstract

This article discusses the dispute between Thailand and the Philippines regarding discrimination against Philippine cigarettes brought to the WTO by the Philippines. Although ASEAN has a dispute resolution mechanism, both countries prefer to resolve this issue at the WTO. The author critiques the effectiveness of the ASEAN dispute resolution forum, indicating that despite having a legal framework consistent with GATT, the mechanism has never been utilized. Factors such as the "ASEAN Way" principle, which respects the sovereignty of member states, and concerns about impartiality in decisions serve as barriers to dispute resolution within ASEAN. The author suggests that ASEAN needs to redefine its principles to become a more effective supranational organization in the future.