Chapter

Reconsidering Special and Differential Treatment in the Global Context

Sonia E. Rolland

in Development at the World Trade Organization

Published in print February 2012 | ISBN: 9780199600885
Published online May 2012 | e-ISBN: 9780191738364 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780199600885.003.0009

Series: International Economic Law Series

Reconsidering Special and Differential Treatment in the Global Context

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This chapter presents findings regarding special and differential treatment and the adjudication of development principally in international economic law, bringing to light creative approaches to dealing with treaty participants in widely different developmental circumstances. Many of the themes that WTO members grapple with, such as the cost of implementing obligations, capacity constraints, and the need for technical assistance, are also pervasive in other treaties. However, some treaties or organizations take a much bolder stance on asymmetric commitments between members with different economic, social, and political conditions. The manner in which such differentiated commitments are built into parties' legal obligations can also differ strikingly from the WTO's more limitative perspective.

Keywords: regional trade agreements; RTA; ASEAN; China; India; MERCOSUR; ICJ; ECJ; NAFTA; arbitration

Chapter.  10842 words. 

Subjects: Public International Law

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