THE APPLICATION OF ARTICLE XX(B) OF THE GATT 1994 IN THE POLICY OF PROHIBITING THE IMPORT OF USED CLOTHING: A CASE STUDY OF BRAZILIAN MEASURES AFFECTING THE IMPORT OF RETREADED TIRES AT THE WTO
The growth of the imported secondhand clothing thrifting business in Indonesia has raised concerns among government officials regarding consumer health and safety. A number of studies have shown that imported secondhand clothing can contain harmful bacteria and viruses that pose a risk of skin disease. In response, the government has implemented a comprehensive ban on the import of secondhand clothing. However, thrifting continues to be practiced on a massive scale in various regions. This study aims to analyze and understand the extent to which the ban on imported used clothing is effective in reducing the thrifting business in Indonesia, and also to explore other alternative policies that are more proportional and less restrictive. the last one to analyze the compatibility of the ban on imported used clothing with the exceptions stipulated in Article XX letter b of GATT 1994.
This study uses a descriptive normative legal method, namely through the analysis of international legal documents and national regulations, as well as case studies on thrifting practices in Indonesia. The results of the study show that: First, the policy of banning the import of used clothing in Indonesia has not been effective in reducing the thrifting business in Indonesia. Policies that are more in line with the circumstances of society are needed in order to create prosperity for the community. Second, a total ban is not a solution to reduce the business of imported used clothing thrifting in Indonesia. Other alternatives that are less restrictive are needed in order to provide welfare for the community and the country, in terms of health, economy, and the environment.
Keywords: Import ban policy, Article XX(b) of GATT 1994, thrifting, international trade, consumer protection.