Special and Differential Treatment Reform in the WTO 'The Differentiated Differentiation Approach

This book proposes a new approach to differentiating between developing countries in the context of special and differential treatment (SDT) in the World Trade Organisation.

Offering unique insights into SDT reform in the WTO, the book proposes the method of differentiated differentiation and demonstrates its operationalization using the WTO Customs Valuation Agreement. Through identifying key indicators to categorize constraints faced by developing countries, the book establishes objective criteria to depoliticize access to SDT. Promoting a case-by-case approach, the book also employs a statistics-based score procedure to determine a threshold for graduating countries out of SDT. Through flexible tracking and evidence-based arguments, the book provides a transitional method of reform which maintains full compliance with WTO members? obligations.

The book will be of importance to academics and students of international law, especially those with an interest in international trade law and the WTO, as well as legal professionals and policymakers.

Foreword

Acknowledgements

1. Introduction

2. Contextualizing the trade and development relationship

3. Realizing the goals of special and differential treatment

4. Assessing eligibility criteria for special and differential treatment

5. Reapproaching the case for more differentiation

6. Operationalizing the differentiated differentiation approach

7. Concluding remarks and policy recommendations

Appendix

Index

Aniekan Ukpe is a partner at Lex Mercatoria Solicitors, an Abuja-based international trade law and policy consultancy, and a researcher in the field of international economic law. He holds a PhD in international trade law from Wageningen University & Research, the Netherlands; an LLM (with distinction) from the University of Dundee, UK; and an LLB from the University of Calabar, Nigeria. Aniekan is the first author of the award-winning ‘Special and differential treatment in the WTO: framing differential treatment to achieve (real) development’ (Journal of International Trade Law & Policy)—winner of the 2022 Emerald Literati Award for Outstanding Paper.