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Establishing a Legal Framework of Special and Differential Treatment under the WTO; Definitive Rights for Developing Countries
Thesis (LLD)--University of Pretoria, 2020.
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| Format: | Thesis |
| Language: | English |
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University of Pretoria
2021
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| _version_ | 1867613519868854273 |
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| access_status_str | Open Access |
| author2 | Bradlow, Daniel David |
| author_browse | Bradlow, Daniel David |
| author_facet | Bradlow, Daniel David |
| collection | Thesis |
| dc_rights_str_mv | © 2019 University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria. |
| description | Thesis (LLD)--University of Pretoria, 2020. |
| format | Thesis |
| id | oai:repository.up.ac.za:2263/78601 |
| institution | University of Pretoria (South Africa) |
| language | English |
| last_indexed | 2026-06-10T12:37:26.754Z |
| license_str | Other — see source repository |
| provenance_str_mv | Harvested via OAI-PMH from UPSpace — University of Pretoria Institutional Repository |
| publishDate | 2021 |
| publishDateRange | 2021 |
| publishDateSort | 2021 |
| publisher | University of Pretoria |
| publisherStr | University of Pretoria |
| record_format | dspace |
| source_str | UPSpace — University of Pretoria Institutional Repository |
| spelling | oai:repository.up.ac.za:2263/78601 Establishing a Legal Framework of Special and Differential Treatment under the WTO; Definitive Rights for Developing Countries Bradlow, Daniel David mbakisomagwape@gmail.com Magwape, Mbakiso UCTD Thesis (LLD)--University of Pretoria, 2020. Special and Differential Treatment (S&DT) under the World Trade Organization (WTO) has been pivotal in aiding Developing Countries adapt to WTO rules. S&DT provisions under WTO law, afford Developing Members favourable or preferential treatment over Developed Countries. The provisions currently spans across numerous Agreements on areas which include a number of broad categories, specifically; provisions aimed at increasing trade opportunities through market access, provisions requiring WTO Members to protect the interest of Developing Countries (protective measures), provisions on flexibility of commitments, provisions that allow longer transitional periods to Developing Countries, provisions on technical and financial assistance, and provisions specifically for Least Developed Countries. Preferential treatment derogates from the fundamental WTO principle of non-discriminatory treatment. The provisions, scattered across numerous WTO Agreements and legal texts, have been of paramount importance in increasing Developing Countries’ share of global trade. Notwithstanding the importance of the provisions, the current Multi-lateral Trade System (MTS) contains multiple, ineffective, non-specific, non-binding and complex S&DT provisions, which do not serve the original purpose envisioned by the developmental objective for Developing Countries under the WTO. This objective is to ensure that Developing Countries secure a share in the growth in international trade commensurate with their financial and economic development needs. The inconsistent, non-binding and ineffective S&DT rules has resulted in little use and ineffective application of a considerable number of preferential provisions, which has resulted in low trade-gains for Developing Countries. There is currently no codified legal Framework for S&DT for Developing Countries under the WTO rules. Specifically, there is no established universal or dedicated Agreement or binding set of rules that establish the scope, extent of rules, application and modalities. University of Pretoria Postgraduate Bursary Private Law LLD Unrestricted 2021-02-15T09:14:01Z 2021-02-15T09:14:01Z 2021-04 2020-07 Thesis Magwape, M 2020, Establishing a Legal Framework of Special and Differential Treatment under the WTO; Definitive Rights for Developing Countries, LLD Thesis, University of Pretoria, Pretoria, viewed yymmdd <http://hdl.handle.net/2263/78601> A2021 http://hdl.handle.net/2263/78601 en © 2019 University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria. application/pdf University of Pretoria |
| spellingShingle | UCTD Establishing a Legal Framework of Special and Differential Treatment under the WTO; Definitive Rights for Developing Countries |
| title | Establishing a Legal Framework of Special and Differential Treatment under the WTO; Definitive Rights for Developing Countries |
| title_full | Establishing a Legal Framework of Special and Differential Treatment under the WTO; Definitive Rights for Developing Countries |
| title_fullStr | Establishing a Legal Framework of Special and Differential Treatment under the WTO; Definitive Rights for Developing Countries |
| title_full_unstemmed | Establishing a Legal Framework of Special and Differential Treatment under the WTO; Definitive Rights for Developing Countries |
| title_short | Establishing a Legal Framework of Special and Differential Treatment under the WTO; Definitive Rights for Developing Countries |
| title_sort | establishing a legal framework of special and differential treatment under the wto definitive rights for developing countries |
| topic | UCTD |
| url | http://hdl.handle.net/2263/78601 |