REVISITING SPECIAL AND DIFFERENTIAL TREATMENT PROVISIONS IN THE WORLD TRADE ORGANISATION (WTO) DISPUTE SETTLEMENT SYSTEM

Abstract

Special and differential treatment (hereinafter S&DT) provisions in the DSU are designed to assist developing countries and least developed countries (LDCs) in the WTO dispute settlement system. These provisions are meant to address the likely disadvantages that these countries would face in a legal dispute against developed countries. The latter have more resources and litigation expertise, hence the need for leveling the play field by providing S&DT provisions in the dispute settlement system. S&DT provisions have been in existence under the GATT dispute settlement system. Currently, the DSU and other WTO Agreements provide some S&DT provisions which may be used in the dispute settlement process. This paper seeks to evaluate the effectiveness of these provisions, whether they have been used and the impact of their use.