This exploratory article traverses the WTO negotiations on Special and differential treatment (S since 2001 and highlights the diffi culties encountered in the negotiations. The article then discusses and posits its views on the status quo thus attempting to evince that the differences underlying WTO Members’ positions are rooted in the history of S&D treatment and have to do with how to reformulate and improve the S&D principle within the WTO to adequately respond to the modern day developmental challenges. To that end, the article focuses on some of the systemic issues such as how to defi ne modern day “development” within the WTO, differentiation, eligibility and graduation. Finally, the article attempts to state the way forward which essentially calls for a two faced legally binding S&D treatment, that is, S&D treatment as a development and adjustment tool.
Journal of World Trade