| This paper addresses the participation of Indonesia in the implementation and enforcement of the World Trade Organization (WTO) Special and Differential Treatment (S&D) provisions. Indonesian experience confirms that the implementation and enforcement of the S&D provisions have been mostly ineffective. This is mainly caused by the characteristics of the provisions which are hortatory, conditionally onerous, and impracticable. In addition, especially in the dispute settlement, the ineffectiveness is also caused by the failure of Indonesia to fulfill conditions required by the S&D provisions and to submit adequate prima facie evidence to support its claims or defenses; and strict and narrow interpretation of the provisions by panels and the Appellate Body. This paper recommends that both conceptual and practical reform be carried out immediately. Conceptually, the S&D provisions should be legally binding, substantially fair, and efficient. Practically, Indonesia should address their lack capabilities and resources; developed countries should reduce protectionist policies; the WTO should intensify Technical Assistance; and Panels and the Appellate Body need to apply a more flexible approach in interpreting the S&D provisions. |