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The Sequencing Dilemma: Will the European Union Succeed against Indonesia?

The issue of sequencing has been the subject of discussion for quite some time now as the Members have been unsuccessful in progressing with the amendments to the DSU. This article discusses this very debate that has resurfaced after the European Union (EU) filed a complaint against Indonesia for its recourse to Article 22.2 in the US - Clove Cigarettes case. It discusses the US - Clove Cigarettes case in brief before moving on to a discussion of the compliance aspect of the existing dispute between the EU and Indonesia. It then discusses the jurisprudence that has evolved through case law and examines the reforms suggested by Mr Soto to resolve the apparent contradiction between Articles 21.5 and 22.6.The article concludes with an examination of the other Members' views on the sequencing aspect of this complaint along with the author's opinion on its resolution.