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Development at the World Trade Organization$
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Sonia E. Rolland

Print publication date: 2012

Print ISBN-13: 9780199600885

Published to Oxford Scholarship Online: May 2012

DOI: 10.1093/acprof:oso/9780199600885.001.0001

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Special and Differential Treatment in the WTO Agreements: A Legal Analysis

Special and Differential Treatment in the WTO Agreements: A Legal Analysis

Chapter:
(p.109) 6 Special and Differential Treatment in the WTO Agreements: A Legal Analysis
Source:
Development at the World Trade Organization
Author(s):

Sonia E. Rolland

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199600885.003.0007

This chapter examines the legal nature of Special and Differential Treatment (SDT) provisions in the WTO agreements. What rights and obligations do they create and for whom? Using the language of the provisions as well as developments in international law generally, this chapter argues that many SDT provisions could be given more legal force than has been the case so far, and hence become operational tools for developing members. It then surveys the implementation record of SDT provisions to assess whether developing members have in fact used them since the inception of the GATT. It demonstrates that only a handful of SDT provisions have been invoked consistently, and even some of those have fallen into disuse since the inception of the WTO.

Keywords:   SDT, special and differential treatment, exceptions, escape clauses, derogation, transitional time period, technical assistance, best efforts, notification, balance of payments, subsidies, public health, TRIPS, agreement on the trade-related aspects of intellectual property, development

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