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Author:Olivares, G.
Title:The Case for Giving Effectiveness to GATT/WTO Rules on Developing Countries and LDCs
Journal:Journal of World Trade
2001 : JUN, VOL. 35:3, p. 545-552
Index terms:WORLD TRADE ORGANIZATION
GATT
CASE STUDIES
TRADE
TRADE AGREEMENTS
DEVELOPING COUNTRIES
Language:eng
Abstract:The set GATT/WTO legal provisions purported to confer benefits to developing countries and LDCs contains a "birth defect": they are, on the whole, a set of "soft law" rules. This article argues that maintaining the current trend of "soft law" status for GATT/ WTO provisions on "less- developed countries" is primafade procedurally discriminatory,3 since they disqualify developing countries and LDCs from resorting, effectively, to the WTO dispute settlement system. Instead, they put them, from the outset, in a disadvantaged position inside the system, thereby nullifying almost all the potential benefits accruing to from preferential and non-reciprocal trade arrangements.
SCIMA record nr: 225950
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