Journal Article

Special and Differential Treatment in the Multilateral Trading System

Pallavi Kishore

in Chinese Journal of International Law

Volume 13, issue 2, pages 363-394
Published in print June 2014 | ISSN: 1540-1650
Published online July 2014 | e-ISSN: 1746-9937 | DOI: https://dx.doi.org/10.1093/chinesejil/jmu004
Special and Differential Treatment in the Multilateral Trading System

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Special and differential treatment (S&DT) provisions relate to developing and least developed members of the World Trade Organization (WTO). The effectiveness of S&DT provisions is important because they (1) address asymmetries between members and (2) give the WTO a global character, i.e. it is perceived as catering to the interests of all its members. Have these provisions been effective? Not really. This is mainly because these provisions are non-binding, ambiguous, unstructured and lack connectivity with each other. Developing countries claim they are best endeavour clauses and unrealistic. So how can these provisions be made effective? This article examines the concept of S&DT including its history, reasons behind its introduction and continuation, its merits and demerits, reasons for its success and failure, its jurisprudence, and provides suggestions for improvement.

Journal Article.  13268 words. 

Subjects: International Law

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