Special and differential treatment in the FTAA

Includes bibliography

Incorporation of special and differential treatment in international trade agreements and the implications for Caribbean economies

Includes bibliography

Special and differential treatment in CARICOM

Includes bibliography

Normative Influences of "Special and Differential Treatment" on North-South RTAs

Recently, there has been a surge in bilateral and regional trade arrangements between developed and developing countries, which are known as North-South RTAs. Under the current legal system of the WTO, North-South RTAs are governed by Article XXIV of the GATT or Article V of the GATS, which means such RTAs must be reciprocal and must cover substantially all the trade. On the other hand, there is another category of rules on RTAs based on the so-called Enabling Clause, which, in exceptional circumstances, provides special and differential treatment (SDT) for RTAs among developing countries. This paper considers the applicability of the SDT concept to North-South RTAs by examining why rules on RTAs and the concept of SDT were incorporated into the GATT/WTO legal framework so as to permit the derogation of most-favored-nation (MFN) obligations.

Rethinking special and differential treatment in the WTO

Special and differential treatment (S&D) allows differentiated treatment for developing countries within the WTO system by justifying a deviation from the most-favoured-nation obligation. Since it was incorporated into the GATT (the predecessor of the WTO) in the 1960s, S&D has played a significant role in promoting the integration of developing countries into the multilateral trading system. However, S&D is undergoing complicated and entangled discussion at the current multilateral trade negotiations, the Doha Development Agenda. There are a number of reasons to make opposing arguments in developed and developing countries, among which this paper focuses on two elements: diversification of developing countries and instability of preferential schemes. In order to overcome these problems and in order to make S&D more effective and operational, this paper considers the following alternative approaches: differentiation among developing countries applying the common but differentiated responsibility (CBDR) principle by analogy and codification of a preferential scheme as a multilateral agreement in the manner of North-South RTAs with flexibility.

TRIPS and Special & Differential Treatment – Revisiting the Case for Derogations in Applying Patent Protection for Pharmaceuticals in Developing Count

In this paper we apply an implicit threshold approach, malleable to the principle of graduation, to identify countries that should benefit from derogations from WTO TRIPS commitments for pharmaceutical patents under the tenets of Special and Differential Treatment. This is based on the identification of four broad constraints loosely classified as; economic constraints; access topharmaceuticals; capacity constraints; and incidence of health outcomes. We identify these by means of analytical criteria and create a composite index that ranks countries according to the observed constraints which delimit the capabilities and desirability of implementing TRIPs disciplines. We discuss the use of negotiated weights and thresholds in determining participation and graduation into general provisions of the agreement. It follows that countries below the chosen threshold should be exempt from these hence receiving Special and Differential Treatment.

Review of CARIFORUM-EU EPA in development cooperation and WTO compatability

The Cotonou Agreement which succeeded the Lomé IV Agreement and was signed in Cotonou in June 2000 established a comprehensive framework to govern social, economic and political relations between the Africa, Caribbean, Pacific (ACP) grouping and the European Union (EU). At the centre of the partnership are objectives relating to economic development, the reduction and eventual eradication of poverty, and the smooth and gradual integration of ACP States into the world economy. In order to accomplish these objectives, the Cotonou Agreement provides for the conclusion between the ACP and the EU of “new World Trade Organization (WTO) compatible trading arrangements, removing progressively barriers to trade between them and enhancing cooperation in all areas relevant to trade” (Article 36.1). The conclusion of economic partnership agreements (EPAs) represented one way to achieve a WTO compatible instrument and had to be negotiated during the period starting from September 2002 until 31 December 2007 to replace the trade provisions of the Cotonou Agreement. After three and half years of negotiations, CARIFORUM and the European Commission (EC) finally concluded a comprehensive EPA with the EC on 16 December 2007 when an Agreement was initialed. The EPA Parties agreed to sign it later after a review of the provisions at both the national and regional levels. In CARIFORUM, various comments have been made from governments, Nongovernmental organizations (NGOs), the private sector and the labour movement about the strengths and weaknesses of the EPA. This review comes in this context and is confined to the development cooperation provisions and the question of WTO compatibility and consistency with the Doha Development Agenda (DDA) negotiations and existing WTO provisions on special and differential treatment.

Toward an inclusive and a little bit ethical world trading system : listening to the voices of the people in LDCs

Many specialists in international trade have started saying that the era of a mega FTA is approaching. If the three poles of the global economy, namely East Asia, EU and the United States, form mega FTAs, most of the volume of global trade will be covered. That may be fine, but there will be many countries left out of the mega FTA, most of which will be the least developed countries (LDCs). Since the inception of the Doha Development Agenda (DDA) negotiations in 2001, the WTO and its member countries have tried to include LDCs in the world trading system through various means, including DFQF and AfT. Although these means have some positive impact on the economic development of LDCs, most of the LDCs will never feel comfortable with the current world trading system. To overcome the stalemate in the DDA and to create an inclusive world trading system, we need more commitment from both LDCs and non-LDCs. To surmount the prolonged stalemate in the DDA, we should understand how ordinary people in LDCs feel and think about the current world trading system. Those voices have seldom been listened to, even by the decision makers of their own countries. So as to understand the situation of the people in LDCs, IDE-JETRO carried out several research projects using macro, meso and micro approaches. For the micro level, we collected and analyzed statements from ordinary people concerning their opinions about the world trading system. The interviewees are ordinary people such as street vendors, farmers and factory workers. We asked about where they buy and sell daily necessities, their perception of imported goods, export promotion and free trade at large, etc. These ‘voices of the people’ surveys were conducted in Madagascar and Cambodia during 2013. Based on this research, and especially the findings from the ‘voices of the people’ surveys, we propose a ‘DDA-MDGs hybrid’ strategy to conclude DDA negotiations and develop a more inclusive and a little bit more ethical world trading system. Our proposal may be summarized in the following three points. (1) Aid for Trade (AfT) ver. 2 Currently AfT is mainly focused on coordinating several aid projects related to LDCs’ capacity building. However, this is inadequate; for the proposed ‘DDA-MDGs hybrid’, a super AfT is needed. The WTO, other development agencies and LDC governments will not only coordinate but also plan together aid projects for trade capacity building. AfT ver. 2 includes infrastructure projects either gran aid, ODA loans and private investment. This is in accordance with the post-MDGs argument which emphasizes the role of the private sector. (2) Ethical Attitude Reciprocity is a principle of multilateral agreement, and it has been a core promise since GATT. However, for designing an inclusive system, special and differential treatment (S&D) is still needed for disadvantaged members. To compromise full reciprocity and less than full reciprocity, an ethical attitude on the part of every member is needed in which every member refrains from insisting on the full rights and demands of its own country. As used herein, the term ‘ethical’ implies more consideration for LDCs, and it is almost identical to S&D but with a more positive attitude from developed countries (super S&D). (3) Collect Voices of the People In order to grasp the real situation of the people, the voices of the people on free trade will continue to be collected in other LDCs, and the findings and leanings will be fed back to the WTO negotiation space.

The WTO’s Trade Policy Review Mechanism – An Effective Surveillance Mechanism for Aid for Trade?

There has always been a question mark over how best to integrate developing countries into the world trading system and traditionally the WTO has used special and differential treatment (S&D) to do so. However, since 1996 the WTO has been involved with the Aid for Trade (AfT) initiative typically co-ordinated by the OECD and UN. This article firstly outlines the background to AfT since 1996 under the numerous agencies working in the area, highlighting how importance has always been placed on the monitoring and effectiveness of the process. It then turns to assessing the various methods currently used and the proposal of the WTO’s Trade Policy Review Mechanism (TPRM) as a potential monitoring tool of AfT.

L'émergence d'un principe de justice distributive en droit international économique : analyse de l'évolution du traitement spécial et différencié du GATT à l'OMC

La libéralisation des échanges a fait augmenter les richesses, mais en réalité, elles se sont concentrées dans les pays développés. La question de la distribution plus équitable des richesses s'est rapidement posée. Le système GATT/OMC a joué un rôle décisif dans la libéralisation des échanges et dans l'articulation des rapports entre les pays développés et les pays en développement (PED). L'émergence et l'incarnation juridique dans le système GATT/OMC d'un principe de justice distributive passe par l'évolution du traitement spécial et différencié (TSD). Sous le GATT, le TSD s'est d'abord manifesté par l'article XVIII et la Partie IV du GATT de 1947, la Clause d'habilitation et le Système de préférences de 1971. Le TSD ainsi proposé appartenait essentiellement à la sof law et a échoué dans sa tentative d'intégrer les PED au système SCM. Sous l'OMC, le TSD a changé de paradigme et de mandat. Le TSD est passé d'un outil voué à mettre au développement des PED à un mécanisme employé à aider les PED à mettre en œuvre les nouvelles politiques de libéralisation découlant des accords de l'OMC. Les dispositions TSD seront alors dispersées dans l'ensemble des accords de l'OMC, mais sans jamais transcender la forme «soft law» qui les caractérisait sous le GATT. L'échec de la Conférence de Seattle, en 1999, engendrera le «Programme de Doha pour le développement», en 2001. La Déclaration de Doha était alors perçue comme l'incarnation de la transformation de l'OMC en organisation qui se préoccupe désormais de justice distributive. En observant de près le texte de la Déclaration de Doha et en analysant sa valeur juridique, on ne constate pas de progrès significatifs. Encore une fois, les mesures proposées le sont sous forme de déclarations d'intention et de promesses, voire d'engagement à négocier. Actuellement, le Cycle de Doha tarde à aboutir et tout nous porte à croire que l'avènement de l'OMC n'a pas concrétisé la volonté des PED d'une répartition plus équitable des richesses.

Global economic developments, 2000-2001

Includes bibliography

The Role of Technical Assistance in World Trade Organization (WTO) Trade Facilitation Negotiations

This issue of the Bulletin presents a brief review of trade facilitation negotiations from the specific viewpoint of technical assistance, capacity-building and special and differential treatment (SDT). Trade facilitation negotiations have focused on clarifying three articles of the General Agreement on Tariffs and Trade (GATT): article V (freedom of transit); article VIII (fees and formalities connected with importation and exportation); and article X (publication and administration of trade regulations). Although the stage of text-based negotiations has not yet been reached, the process of receiving and analysing proposals has made it possible to identify the aspects most urgently in need of correcting by means of trade facilitation measures. Consideration has been given to several formulas for the implementation of those measures and to how the associated technical assistance should be organized.

Life after Bali: renewing the world trade negotiating agenda. Bruegel Policy Contribution 2013/17, December 2013

The crisis has contributed to a slowdown in global trade volumes, with trade virtually stagnant in the twelve months to July 2013. In this context, fruitful negotiations in the World Trade Organisation’s 9th Ministerial Conference in Bali are crucial to sustain the institution’s credibility and prove that multilateral negotiations can still deliver success. WTO trade talks are the only ongoing trade liberalisation process that has development at its core. The Doha mini-package under consideration at Bali is a collection of watered-down but deliverable elements of a deal comprising agriculture, trade facilitation and special and differential treatment/less developed country concessions. Post-Bali, the WTO should aim to reverse the current disenchantment with multilateral trade negotiations. This means formulating a relevant trade negotiating agenda with an understanding of global value chains at its core. However, the transition to the new agenda requires a closure of the ongoing Round. The easiest way to conclude the Doha Round would be to select another discrete set of deliverables that fulfills the development commitment of the Doha Development Agenda, thus paving the way for a new Round.

Conceptual Rapprochement and the Analysis of the Historical, Normative and Jurisprudential Treatment of the Rural Workers, as Regards the Need for Special Protection

This article aims to present an approach to the issue of farm or rural zone workers, including a labour law study of agrarian legal decisions, so as to demonstrate their importance in respect to social, economic and cultural rights in Colombia. The study will serve to illustrate through the history, the applicable law and the jurisprudence, the different ways in which farmers have been treated from the time of the origin until the arrival of modern systems of industrialization. It calls into question the effectiveness of existing laws and the role of the courts, in spite of globalization, to maintain the minimum rights and guarantees of farm workers who are considered to be a vulnerable population. In conclusion, this study seeks to illustrate the current role of the Labor law and the National Health Service in the area of demonstrating of the existence or absence of mechanisms to protect workers in rural areas and the need to create some mechanisms that involve social justice given its prime importance in the Constitution of 1991.

Differential cognitive effects of Ginkgo biloba after acute and chronic treatment in healthy young volunteers

Acute doses of Ginkgo biloba have been shown to improve attention and memory in young, healthy participants, but there has been a lack of investigation into possible effects on executive function. In addition, only one study has investigated the effects of chronic treatment in young volunteers. This study was conducted to compare the effects of ginkgo after acute and chronic treatment on tests of attention, memory and executive function in healthy university students. Using a placebo-controlled double-blind design, in experiment 1, 52 students were randomly allocated to receive a single dose of ginkgo (120 mg, n=26) or placebo (n=26), and were tested 4h later. In experiment 2, 40 students were randomly allocated to receive ginkgo (120 mg/day; n=20) or placebo (n=20) for a 6-week period and were tested at baseline and after 6 weeks of treatment. In both experiments, participants underwent tests of sustained attention, episodic and working memory, mental flexibility and planning, and completed mood rating scales. The acute dose of ginkgo significantly improved performance on the sustained-attention task and pattern-recognition memory task; however, there were no effects on working memory, planning, mental flexibility or mood. After 6 weeks of treatment, there were no significant effects of ginkgo on mood or any of the cognitive tests. In line with the literature, after acute administration ginkgo improved performance in tests of attention and memory. However, there were no effects after 6 weeks, suggesting that tolerance develops to the effects in young, healthy participants.