Permanent Sovereignty in the Context of Trade Law: Addressing Legal Constraints on Downstream Policy Implementation

Gea, Gita Venolita Valentina and Fabio, Matthew and Djayakusli, Jaqline (2025) Permanent Sovereignty in the Context of Trade Law: Addressing Legal Constraints on Downstream Policy Implementation. Hang Tuah Law Journal, 9 (2). pp. 351-378. ISSN 2549-2055; E-ISSN 2549-2071

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Abstract

The Government of Indonesia has expressed a strong commitment to enhancing national welfare through the implementation of downstream policies across various trade sectors, including those involving natural resource commodities. A range of regulatory measures has been introduced, from mandates on domestic processing to the imposition of export bans. Nevertheless, the execution of such downstream policies has raised concerns regarding their compatibility with obligations under international trade agreements to which Indonesia is a party. This paper seeks to analyze the implementation of downstream policies in light of international trade law. Employing a normative juridical approach, the study finds that down streaming in the natural resources sector constitutes a manifestation of the principle of permanent sovereignty over natural resources. A thorough legal examination of this principle suggests that it may qualify as a norm of jus cogens, thereby holding a superior normative status that can prevail over conflicting provisions in international trade agreements.

Item Type:	Article
Uncontrolled Keywords:	Downstream, International Trade, Natural Resources, Jus Cogens, Sovereignty
Subjects:	K Law > K Law (General)
Divisions:	Faculty of Law > Department of Law
Depositing User:	GITA VENOLITA VALENTINA GEA
Date Deposited:	22 Sep 2025 05:11
Last Modified:	22 Sep 2025 05:11
URI:	http://repository.ubaya.ac.id/id/eprint/49588

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