| The Special and deferential Treatment (S&D) granted by WTO is a preferential treatment specific for the developing country members of WTO. It origined in GATT and inherited by WTO. Now, it become a basic principle of dealing with the relation to the developing countries. The principle evolved through the long history of GATT .The fundamental implications of the principle is that developing countries may to some extent depart from the general obligations under the multilateral trade agreements and obtain more favorable treatment. However, due to many historical and economical reasons , the S&D has many shortcomings . consequently ,more efforts should be made by WTO and its members to ensure the implementation of the principle.The whole article consistses of 5 parts , which can subdivided further into 13sections.The article intends to elaborate on the first part the whole development and change of S&D , which has pass through three phares, an exceptional to the general principle, a measure granted a certain flexibility to depart from principle, a basic principle with legalization. In the latter section of this part, the newly development under WTO system is introdueced ,which concerns the change of idea, scope and application of S&D.Due to the complex of stipulation concerning S&D under WTO agreements, the article try to discuss the content within Part two. First, the article analyses the provision of S&D under GATT system, which includes the article of 18, the enabling clause, the fourth part of GATT .According to the secretary of WTO'classification, the article outline the representative clauses of each classification.The nature of S&D is analysed on the part 3. The article deems that the S&D has its to legal, economic and political basis: equityis its legal basis, the principle of efficiency of international competition is its economic basis, and the requirement of reality is its political basis. In addition, the legality is discussed in this part. The article considers that the legality should depend on the interaction of three factors, the qualification and capacity of the developing country to the decision-making of WTO, the degree of recognization to the developing countries by the developed countries and the unity of the developing countries . In the later part, the article put forward a point of view that S&D should become a basic principle other than a exceptional to basic principle.In the fourth part, the article consider that S&D existes may shortcomings. The article firstly demonstrates the character of S&D's fault: lack of bounding effect, lack of value of usefulness, obvious transit nature. The article also analyses detailly these faults. In the light of these faults, the article put forward several suggestions from principal and practical view. The last part is expanded around the questions that after entry WTO, how china can make full use of the S&D. Firstly, the article Suggest that if china take part in the multilateral trade negotiation, the following principles should be sticked to insistence on the status of developing country, pay more attention to the balance of interest and obligation. Moreover, the article supposes several material suggestions. The last part of the article deals with the question of how to exploit the S&D by china. The article thinks that china should apple actively the Article 18 of GATT because of the fleasibility and necessity of Chinese present economic situation. Secondly, China should make full use the generalized preference afforded by the EU. Last, China should make a closer economic and trade with other developing countries by the regional or bilateral trade agreements. |
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