Kemenangan Australia dalam Tuntutan Anggota WTO Mengenai Kebijakan Kemasan Polos pada Bungkus Rokok dan Produk Tembakau

Abstract

Australia's interest in improving the quality of public health by reducing the level of
smokers through a plain packaging policy has sparked debate from the five member states
of the WTO. The lawsuit against Australia is the effort of the five member states to cancel
out Australia's plain packaging policy which views the policy as violating the rules in
TRIPS. The five claimant countries claiming a plain packaging policy could potentially
threaten cigarette manufacturers with reduced market share in Australia. This research
aims to explain the efforts of the Australian Government to win the case at the WTO on
the policy of plain packaging of cigarretes and tobacco products as Australia's national law
over the accusation of the five WTO member states. This research uses realism to
understand actors action. Technique data collection on this research using secondary data
through literature study by processing data from books, journals, and official website. The
results of this research explain that Australia's victory is the result of a rational choice of
bargaining position calculation based on strong Australian national interest, strong counter
winning argument at WTO trial and successful use of WHO FCTC as legal umbrella for
plain packaging policy. Through the viewpoint of realism explained that conflict in this
case based on differences interpretation of TRIPS from national interest sparked debate
among the actors involved, and the capability of actors is the key to victory in the case of
plain packaging policy.