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A legal principle of special and differential treatment for WTO disputes

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  • MITCHELL, ANDREW D.

Abstract

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.

Suggested Citation

  • Mitchell, Andrew D., 2006. "A legal principle of special and differential treatment for WTO disputes," World Trade Review, Cambridge University Press, vol. 5(3), pages 445-469, November.
    • Handle: RePEc:cup:wotrrv:v:5:y:2006:i:03:p:445-469_00
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    Cited by:

    1. Agus Surono & Maslihati Nur Hidayati, 2019. "Special and Differential Treatment in the WTO Agreement on Agriculture and the Benefits for Developing Countries," Academic Journal of Interdisciplinary Studies, Richtmann Publishing Ltd, vol. 8, December.
    2. Omphemetse S. Sibanda Sr., 2015. "Towards a Revised GATT/WTO Special and Differential Treatment Regime for Least Developed and Developing Countries," Foreign Trade Review, , vol. 50(1), pages 31-40, February.

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