scholarly journals Improving the effectiveness of the special and differential treatment of the World Trade Organization

2021 ◽  
Author(s):  
◽  
Fitria Anindhita H. Wibowo
Keyword(s):  
Developing Countries ◽  
World Trade Organization ◽  
World Trade ◽  
Developed Countries ◽  
Differential Treatment ◽  
Preferential Treatment ◽  
The World ◽  
Slow Progress ◽  
The Subject ◽  
The Way

<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>

scholarly journals Improving the effectiveness of the special and differential treatment of the World Trade Organization

2021 ◽  
Author(s):  
◽  
Fitria Anindhita H. Wibowo
Keyword(s):  
Developing Countries ◽  
World Trade Organization ◽  
World Trade ◽  
Developed Countries ◽  
Differential Treatment ◽  
Preferential Treatment ◽  
The World ◽  
Slow Progress ◽  
The Subject ◽  
The Way

<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>

A Decade of the World Trade Organization and the Trade Performance of Muslim Countries

2010 ◽  
Vol 27 (4) ◽  
pp. 23-44
Author(s):  
Ruzita Mohd. Amin
Keyword(s):  
Developing Countries ◽  
World Trade Organization ◽  
World Trade ◽  
Developed Countries ◽  
Playing Field ◽  
Muslim Countries ◽  
The World ◽  
The Developed Countries ◽  
Merchandise Trade ◽  
Wto Agreements

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.

The Have Nots Have It: Triumph Of Developing Countries At The World Trade OrganizationMeeting In Geneva

2011 ◽  
Vol 4 (1) ◽  
Author(s):  
RamMohan R. Yallapragada ◽  
Ron M. Sardessai ◽  
Madhu R. Paruchuri
Keyword(s):  
Developing Countries ◽  
World Trade Organization ◽  
World Trade ◽  
Developed Countries ◽  
Export Subsidies ◽  
G 21 ◽  
The World ◽  
The Developed Countries ◽  
Farm Subsidies ◽  
The Eu

In July 2004, 147 World Trade Organization (WTO) member countries met in Geneva where the developed countries agreed to cut back and eventually eliminate an estimated $350 billion of their farm and export subsidies. The accord was hammered out by five WTO members including India and Brazil and submitted to the WTOs plenary session where it was finally ratified on July 31, 2004. The Fifth Ministerial Conference of the World Trade Organization held in Cancun in September 2003 collapsed from inside as internal squabbles and irreconcilable philosophical differences developed between the developed countries and the developing countries. The WTO, which started with noble objectives of raising the global standards of living through international trade agreements and cooperation among the WTO member countries, appeared to be teetering on the verge of a complete collapse. Over the past decade, through five ministerial conferences, the WTO member countries gradually got polarized into two main blocks, the haves and the have nots, the developed countries and the still developing countries respectively. One of the important items of contention was the issue of reduction and elimination of the huge farm subsidies in the European Union (EU) and the United States (US). At the 2003 WTO conference in Cancun, 21 of the developing countries formed a group, known as G-21 initiated under the leadership of Brazil and India, and insisted on discussions for elimination of the farm subsidies of the EU-US combine. The EU and US governments give billions of dollars worth of agricultural and export subsidies annually to their farmers that allow them to have a competitive advantage in international markets in effect preventing agricultural producers in developing countries from having access to global markets. The EU delegates insisted that the four Singapore issues must be dealt with first before including any discussions on the issues of farm subsidies on the agenda. The G-21 over night swelled into G-70. The developing countries refused to be pushed into a corner and have proved that they are now a force to reckon with. The WTO Cancun conference came to a dramatic end without any agreement, leaving the negotiations in a deadlock. At the historic July 2004 WTO negotiations in Geneva, an accord has been reached under which the developed countries agreed to reduce and eventually eliminate their export and farm subsidies. The developing countries also agreed to lower their tariffs on imports from EU-US and other developed countries. The accord is expected to pave the way for the resumption of the WTO Doha Round of multilateral negotiations to liberalize world trade.

scholarly journals The role of coalitions at international tariff negotiations: a CGE perspective

2021 ◽  
Author(s):  
Florian Freund
Keyword(s):  
Developing Countries ◽  
World Trade Organization ◽  
World Trade ◽  
Developed Countries ◽  
Least Developed Countries ◽  
Equal Distribution ◽  
The World ◽  
Equity Effects ◽  
Empirical Implications

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.

scholarly journals Development Cooperation Within the Framework of the World Trade Organization

2021 ◽  
Author(s):  
Małgorzata Zajaczkowski ◽  
Keyword(s):  
Developing Countries ◽  
World Trade Organization ◽  
International Development ◽  
World Trade ◽  
Developed Countries ◽  
Development Cooperation ◽  
The World ◽  
Scientific Papers ◽  
Rules And Principles ◽  
Development Goals

The book addresses the issues of international development cooperation and the involvement of the World Trade Organization (WTO) in activities supporting developing countries in their integration into the world trading system. The author's intention was to examine what kind of role and significance the WTO plays in the area of development cooperation, assuming that a number of the organization’s activities fall within the scope of assistance. To this end, the types of activities have been specified, defined and explained. The author has done so on the basis of a critical analysis of the following areas: development assistance mechanisms and instruments, principles and rules of trade policy, GATT and WTO multilateral negotiations, special forms of cooperation between the WTO and developing countries. A qualitative study was conducted based on empirical data contained in documents, reports, scientific papers as well as OECD, WTO and UNCTAD statistical databases. The author has made an assessment of the WTO's action in the field of development cooperation, which is - so far - ambiguous and unclear. Nevertheless, the direction of evolution of the WTO strongly indicates the option of greater involvement and support of developing countries in their process of economic modernization. This is in line with the expectations of WTO's members, most of which include developing countries. In light of the ongoing debate on the future of the WTO, these countries are counting on greater support to achieve their trade-related development goals. In turn, it is in the interest of highly developed countries (USA, EU) to increase the effectiveness of the organization. This means changing trade rules and principles to adapt to new international conditions, including the adoption of a new type of support for less developed countries.

A legal principle of special and differential treatment for WTO disputes

2006 ◽  
Vol 5 (3) ◽  
pp. 445-469 ◽  
Author(s):  
ANDREW D. MITCHELL
Keyword(s):  
Developing Countries ◽  
World Trade ◽  
Dispute Settlement ◽  
Developed Countries ◽  
Differential Treatment ◽  
Appellate Body ◽  
Wto Dispute Settlement ◽  
Legal Principle ◽  
The World ◽  
Wto Agreements

Based on the notion that the needs of developing countries are substantially different from those of developed countries, the principle of special and differential treatment (S&D) in the World Trade Organization (WTO) allows a certain degree of discrimination in favour of developing countries. This article considers the potential of this principle in resolving disputes within the WTO. S&D developed in the General Agreement on Tariffs and Trade (GATT) of 1947 and is today reflected in a series of provisions in various WTO agreements. The meaning of S&D as a broader principle could assist in interpreting such provisions. In addition, the principle of S&D could conceivably be used as part of the inherent jurisdiction of Panels and the Appellate Body in connection with procedural aspects of dispute settlement. However, the article concludes that, due to the incoherence of S&D, as well as the difficulties involved in distinguishing between developing countries and in advancing their interests as an amorphous group, S&D is presently of limited value as an independent principle in WTO dispute settlement.

A Decade of the World Trade Organization and the Trade Performance of Muslim Countries

2010 ◽  
Vol 27 (4) ◽  
pp. 23-44
Author(s):  
Ruzita Mohd. Amin
Keyword(s):  
Developing Countries ◽  
World Trade Organization ◽  
World Trade ◽  
Developed Countries ◽  
Playing Field ◽  
Muslim Countries ◽  
The World ◽  
The Developed Countries ◽  
Merchandise Trade ◽  
Wto Agreements

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.

scholarly journals The International Legal Regime for Biotechnology Patenting: an Appraisal from the Standpoint of Developing Countries

2014 ◽  
Vol 31 (2) ◽  
pp. 291-325
Author(s):  
Jean-Faustin Badimboli Atibasay
Keyword(s):  
Developing Countries ◽  
World Trade ◽  
Developed Countries ◽  
Legal Regime ◽  
The Core ◽  
Legal Implications ◽  
Wide Range ◽  
The World ◽  
Biological Innovations ◽  
Ipr Protection

The development of biotechnology, which promises many economic opportunities, has revived the debate over the ownership of biological resources and its derivatives, as well as the sharing of the benefits which derive from its multiple applications. At the core of the debate, is the recent marriage between intellectual property rights (IPR) and international trade, within the framework of the World Trade Organization (WTO). In this context, the need of developed countries to prevent trade distortions due to the lack of adequate IPR protection in developing countries, is weighed against the need to promote local interests in these countries. However, the legal impact of recent multilateral agreements, which address biological innovations, is still subject to controversy. An assessment of these instruments reveals divergent approaches to the issues which divide the parties concerned. This results in ambiguities and conflicts with respect to relevant provisions of these agreements. From a wide range of possible solutions discussed, industrial and developing countries might consider to review the disputed provisions in a way that attempts to harmonise the agreements and render legal implications of their respective initiatives in this area more predictable.

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