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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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Reconsidering Special and Differential Treatment in the Global Context

Reconsidering Special and Differential Treatment in the Global Context

Chapter:
(p.191) 8 Reconsidering Special and Differential Treatment in the Global Context
Source:
Development at the World Trade Organization
Author(s):

Sonia E. Rolland

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199600885.003.0009

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

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