Study The Problem Of The Sdt

In the General Agreement on Tariff and Trade (GATT) and the World Trade Organization (WTO), developing countries consider special and differential treatment (SDT) as an important way of gaining profits and solving the issues of development. This treatment can help developing countries to enlarge exports and protect their domestic markets. However, SDT provisions have not been effectively implemented in practice and can't live up to the expectant purpose of developing countries, that is to promote their economics. Under the great difference between developing countries and developed countries and the crisis of marginalization, it is one of questions the international world pays attention to and one of challenges the steady and healthy multilateral trading system faces that how to remove barriers and take advantage of SDT provisions. Besides, China, as a new member in WTO, has a little experience in international trade, so the question above is worth to research deeply. This thesis is expected to raise some suggestions for developing countries, especially China, about the use of SDT.Under the context of GATT/WTO, the thesis reviews the evolution of SDT at first. Then, SDT provisions in GATT1994, GATS and TRIPS are analyzed systematically combined with the process of compromise and struggle between developed countries and developing countries. Finally, measures for SDT adopted by developing countries, especially China, are discussed based on the theory of SDT.This thesis contains several parts:Prelude defines the concept of SDT and discusses that of "developing countries". In practice, there is no definition or standard of "developing countries" in multilateral trading system. A kind of explanation is given in the prelude through the analysis of WTO treaties, which determines the range of subjects enjoying SDT.Part one goes back the history of SDT in GATT at early stage, in Kennedy Round and in Tokyo Round and outlines its development from exception to the rules to be a part of GATT/WTO.Part two gives a simple introduction of Uruguay Round negotiation and developing countries' struggle for SDT. Then, the article 18, article 28 and the fourth part "Trade and Development" are elaborated in detail, which concludes that SDT provisions in GATT1994 are systematic but have no institutional commitments.Part three expounds the negotiation of GATS and its features. After the analysis of article 4,5,19 and 25, questions, such as whether the gradual opening up is SDT and restrictions on service trade good to developing countries, are discussed.Part four explains the negotiation of TRIPS and the difference among goods trade, service trade and intellectual property (IP) trade, which shows the new trend in Uruguay Round. Then, article 65 and 67 are elaborated and the drawbacks of unreasonable transition periods and technical assistance not to be implemented are raised.Part five analyses SDT in two aspects. Developed countries and developing countries are different in remaining SDT in WTO. This part justifies SDT from philosophy point-the idea of coexistence, from law-the principle of fair, from economy-the principle of stocker and from politics-the principle of practical needs. Then, it argues the defects of poor in stability and enforceability, harsh conditions, non-reciprocal obligations and reduction in scope of SDT.Part six introduces the different attitudes of developing and developed countries to SDT and gives some suggestion to developing countries for making use of SDT provisions. Then, China should take steps from two aspects, domestic law and international law, to enjoy SDT, such as intensifying research on SDT provisions, establishing and perfecting the body for management of WTO affairs, developing the South-South trade cooperation, introducing the supervisory mechanism for SDT implementation and so on.Conclusion depicts the further progress about SDT made in Doha Round and the sixth WTO ministerial conference hold in Hong Kong. There is a long way for developing countries to enjoy SDT, during which challenges and chances coexist.