On The Legal Issues Regarding The Recognition Of Developing Countries Under WTO System

The identification of developing countries is a key part within the WTO system as the countries with such identity can enjoy up to 155 special and differential treatment.However,issues such as the definition of developing countries and the way of identification have not been determined in accordance with the agreements and practices of WTO.In practice,most countries identify themselves as developed or developing countries in a self-designated way.As a consequence,there are discrepancies among countries' understanding regarding the scope of developing countries under the WTO system.In addition,with the continuous development of China and other developing countries,this contradiction gradually broke out.The developed countries especially the United States are no longer willing to allow China and other countries to continually enjoy the special and differential treatment of developing countries,thus constantly challenge the self-designated classification at the domestic and international levels and try to force China and other developing countries to "graduate" from the group of developing countries.In the face of challenges,China and other developing countries respond actively,putting forward their own understanding and reform suggestions.However,due to the huge discrepancies,the two sides still dispute over the issues such as the identification of developing countries,subdivision of country groups,the considerations when conducting determination as well as the graduation of developing countries,rending the negotiations into a dilemma.In order to promote negotiations between China and the United States and other developed countries,to seek common ground as much as possible under the premise of safeguarding China's interests,and to promote the good operation of the WTO system,an analysis on the identification of developing countries under the WTO system is absolutely needed.Specifically speaking,this thesis is divided into the following parts: The first chapter mainly explores the current disputes over the developing countriesrelated system.By analyzing the recent statements,reports and proposals made by the United States and other developed countries at the domestic and international levels,as well as the corresponding responses made by China and other developing countries,we can roughly sort out the major opinions and discrepancies of the two sides.The second chapter mainly summarizes the causes of the above-mentioned disputes.It firstly introduces the history of the developing countries-related system under the WTO system through negotiation records,treaty texts,cases and so on.Thereafter,on the basis of such history,it can be concluded that the direct reason for disputes is the institutional deficiency of GATT/WTO in the process of development,and the fundamental reason is the uncertainty of the term "developing countries" and "development",in addition,the political and economic factors further aggravate the complexity of such disputes.The third chapter are mainly suggestions regarding WTO's reform.It firstly introduces and compares the classification practice of international organizations such as the United Nations Development Programme,the World Bank and the International Monetary Fund to provide reference experiences.Then,on the basis of the international law as well as the background and causes of developing countries-related issues and in consideration of the classification practice of international organizations,certain suggestions on the issues such as the identification methods,consideration factors,the number of categories,graduation mechanism and provision reform are put forward,with a view to reconciling the contradictions of all parties and make WTO run smoothly again.The fourth chapter are mainly suggestions regarding China's response.Although China joined the WTO as a developing country,the special and differential treatment enjoyed by China has been greatly reduced under the pressure of the United States and other countries.This chapter makes a specific analysis of the special and differential treatment enjoyed by China,in order to explore China's interests and bottom line of negotiation under this system and thus provide suggestions for China.