The Role of Special and Differential Treatment for Developing Countries in GATT and the World Trade Organization

Author(s):  
Constantine Michalopoulos
2021 ◽  
Author(s):  
◽  
Fitria Anindhita H. Wibowo

<p>This paper deals with the subject of Special and Differential Treatment (SDT) of the World Trade Organization (WTO), a special right that allows developing countries preferential treatment by other member countries, particularly developed countries. The paper more specifically discusses the ineffectiveness of the SDT owing to its structure and formulation, and explores the factors that have caused such ineffectiveness. It touches upon the provisions and the ways in which they are formulated and implemented, which deemed to have lead to the ineffectiveness. An observation of the way that negotiations are conducted and the underlying interests that direct those negotiations also contribute to the slow progress of introducing changes to the provisions. Furthermore, this paper analyses and identifies steps that may be taken to improve the concept, formulation, and implementation of SDT, inter alia through amendments of the provisions and conduct of negotiations. The paper also looks at several dispute cases which highlight the ineffectiveness of the existing provisions in advancing the interests of developing countries in particular and in fulfilling its purpose in general.</p>


Author(s):  
Florian Freund

AbstractDeveloping countries coalitions form an integral part of tariff negotiations that take place under the aegis of the World Trade Organization. While there was only a single coalition in the 70s, their number increased to 31 in the year 2005. Despite the apparent proliferation of coalitions in tariff negotiations, little research on their theoretical and empirical implications has been produced. In particular, we lack an understanding of efficiency and equity effects of coalitions. By exploring this equity-efficiency nexus, the study finds that developing countries coalitions like the G-90 and the Least Developed Countries Group – while benefiting member countries – lead to less efficiency and less equity overall. Forming the Cairns Group, however, leads to a more efficient and equal distribution of the gains from trade.


2021 ◽  
Author(s):  
◽  
Fitria Anindhita H. Wibowo

<p>This paper deals with the subject of Special and Differential Treatment (SDT) of the World Trade Organization (WTO), a special right that allows developing countries preferential treatment by other member countries, particularly developed countries. The paper more specifically discusses the ineffectiveness of the SDT owing to its structure and formulation, and explores the factors that have caused such ineffectiveness. It touches upon the provisions and the ways in which they are formulated and implemented, which deemed to have lead to the ineffectiveness. An observation of the way that negotiations are conducted and the underlying interests that direct those negotiations also contribute to the slow progress of introducing changes to the provisions. Furthermore, this paper analyses and identifies steps that may be taken to improve the concept, formulation, and implementation of SDT, inter alia through amendments of the provisions and conduct of negotiations. The paper also looks at several dispute cases which highlight the ineffectiveness of the existing provisions in advancing the interests of developing countries in particular and in fulfilling its purpose in general.</p>


2010 ◽  
Vol 27 (4) ◽  
pp. 23-44
Author(s):  
Ruzita Mohd. Amin

The World Trade Organization (WTO), established on 1 January 1995 as a successor to the General Agreement on Tariffs and Trade (GATT), has played an important role in promoting global free trade. The implementation of its agreements, however, has not been smooth and easy. In fact this has been particularly difficult for developing countries, since they are expected to be on a level playing field with the developed countries. After more than a decade of existence, it is worth looking at the WTO’s impact on developing countries, particularly Muslim countries. This paper focuses mainly on the performance of merchandise trade of Muslim countries after they joined the WTO. I first analyze their participation in world merchandise trade and highlight their trade characteristics in general. This is then followed by a short discussion on the implications of WTO agreements on Muslim countries and some recommendations on how to face this challenge.


Author(s):  
Cosette D Creamer ◽  
Zuzanna Godzimirska

This chapter sheds light on the relationship between the composition of the bench and the sociological legitimacy of the judicial branch of the World Trade Organization (WTO). Two identity characteristics are consistently part of the criticism of the WTO’s bench: the lack of female adjudicators as well as individuals with academic experience. Overall, however, the identity of the bench does not appear to matter greatly for how WTO Members evaluate its exercise of authority. We suggest that the role of the WTO’s Legal Affairs Division and the Appellate Body Secretariat in streamlining outcomes and procedures may best explain this, as it helps prevent such diversity from manifesting in dispute rulings. Alternatively, it tells us that judicial diversity matters more for the bench’s normative legitimacy—and for scholars—than it does for governments.


2019 ◽  
Vol 22 (3) ◽  
pp. 389-416
Author(s):  
Andrew D Mitchell ◽  
Neha Mishra

Abstract While the free cross-border movement of data is essential to many aspects of international trade, several countries have imposed restrictions on these data flows. The pre-internet rules of the World Trade Organization (`WTO') discipline some of these restrictions, but they are insufficient. Unfortunately, so are the electronic commerce chapters in modern preferential trade agreements. This article argues that reformed WTO rules, which take account of the policy challenges of the data-driven economy, are required. These reforms would facilitate internet openness while ensuring consumer and business trust, promoting digital inclusion of developing countries, and incorporating clear exceptions for legitimate domestic policies.


2020 ◽  
Vol 13 (2) ◽  
pp. 129-140
Author(s):  
Daria Boklan ◽  
Olga Belova

Abstract Accession of Russia and Kazakhstan to the World Trade Organization (WTO) constitutes a landmark event in the history of this organization, especially in relation to trade in energy, in general, and trade in electricity, in particular. As a result, the role of the WTO in regulating trade in electricity has increasingly grown. However, the Treaty on the Eurasian Economic Union, a treaty that binds both Russia and Kazakhstan, necessitates additional regulation for trade in electricity, concurrent with law of the WTO. Recently, this treaty was amended by the Protocol on Common Electricity Market on 1 July 2019. As a result, compatibility issues between the rules of the WTO and the Eurasian Economic Union arise. This article concludes that the law of the WTO can be relevant to trade in electricity between Member States of the Eurasian Economic Union and third countries because of the specific place of the rules of the WTO under the Eurasian Economic Union legal order.


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