Chapter 17 Implementation of the Right to Development by Optimizing wto Regulations
From the Perspective of the Doha Development Agenda
In: The Right to DevelopmentSearch for other papers by Wang Bei in
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Abstract
Human rights and development have become two significant topics in today’s world. The 2001 Doha Ministerial Conference recognized the crucial role of special and differential treatment provided for promoting the development of developing countries, especially least-developed countries. The provisions related to special and differential treatment scattered in wto agreements, however, are not without shortcomings that can severely impede the achievement of equal development as well as economic rights. The three defects—lack of precision, effectiveness and operability—have been identified in paragraph 44 of the Doha Ministerial Declaration. This chapter will evaluate the current regulations related to special and differential treatment in the wto from these three perspectives via empirical and value analysis methods. Apparently, amending the current provisions is the most direct way to address the problems. Even though it is very difficult to meet the consensus requirement stipulated in Article X of the 1994 Marrakesh Agreement Establishing the World Trade Organization considering the present international relationship, the method of amendment should not be neglected and given up on. While efforts are made to reach consensus toward amendment, some alternative approaches can be utilized in the short term. Both the Dispute Settlement Body and arbitrators should consider the interests and difficulties of less-developed countries when giving authoritative interpretation of the provisions guided by Article 3.2 of the Understanding on Rules and Procedures Governing the Settlement of Disputes. Moreover, improving the Monitoring Mechanism set forth during the Bali Ministerial Conference will alleviate the problem regarding poor implementation. All solutions to the problems above should be based on the theoretical consensus about the asymmetrical justice between developed and less-developed countries.