|
kehitysmaat
ja
wto
Declaration
of
the
Group
of
77
and
China
on
the
Fourth
WTO
Ministerial
Conference
at
Doha,
Qatar
22
October
2001
1.
The
Group
of
77
and
China
support
the
rules-based
multilateral
trading
system
(MTS)
as
one
of
the
essential
instruments
for
the
promotion
of
economic
development.
the
facilitation
of
developing
countries'
integration
into
the
Global
economy
and
the
eradication
of
poverty
worldwide.
We
recognise
the
critical
importance
of
the
rules-based
multilateral
trading
system
and
of
transparent
decision-making
process
in
the
WTO
managing
globalisation
and
reducing
the
scope
for
unilateral
actions.
2.
Developing
countries
have
a
clear
interest
in
strengthening
the
system
in
a
marine,
that
promotes
their
development.
In
many
respects
multilateral
rules
need
to
be
improved
to
become
more
responsive
to
the
trade
and
development
interests
of
developing
countries
and
to
achieve
equitable
objectives.
3.
Due
to
the
systemic
shortfalls
in
the
international
economic
and
trading
system
a
large
majority
of
the
developing
countries
have,
so
far,
failed
to
accrue
a
share
in
the
global
economic
prosperity.
Moreover.
the
global
economic
slowdown/recession
is
going
to
affect
all
including
most
seriously
the
developing
countries
and
the
poorest
among
them.
4.
In
the
above
context,
we
note
with
great
concern
that
the
benefits
of
the
existing
multilateral
trading
system
continue
to
elude
developing
countries.
Progress
towards
full
liberalization
in
sectors
of
particular
interest
to
them
is
lagging
behind,
and
significant,
imbalances
between
rights
and
obligations
exist
in
multilateral
trade
agreements
(MTAs),
as
well
as
in
conditions
of
market
access.
In
this
regard,
the
decreasing
participation
of
developing
countries
in
the
world
trade
should
be
urgently
addressed.
Addressing
these
asymmetries
and
the
development
deficit
should
receive
primacy
in
all
future
work
programmes
in
WTO
since
the
key
to
sustained
global
economic
growth
lies
in
unlocking,
the
potential
growth
of
developing
countries.
The
development
dimension
must
be
fully
incorporated
into
the
MTS.
5.
We
express
deep
disappointment
on
the
lack
of
any
meaningful
progress
on
implementation
issues.
Despite
a
clear
consensual
decision
in
May
and
December
2000
by
the
WTO
General
Council
to
address
and
adopt
decisions
no
later
than
the
4th
Ministerial
Meeting.
We
note
that
the
developing
countries
have
identified
104
implementation
issues
which
emanate
from
the
inadequate
or
faulty
implementation
of
agreements,
in
letter
and
spirit;
those
arising
from
incorrect
interpretation
of
the
provisions
of
those
agreements:
and
those
which
arise
from
inherent
asymmetries
and
imbalances
within
the
WTO
agreements.
We
reiterate
the
need
for
full
and
faithful
implementation
and
the
redressal
of
existing
imbalances
arising
from
the
Uruguay
Round
Agreement,
which
is
an
important
step
towards
confidence
building
and
restoring
the
credibility
of
the
multilateral
trading
system
and
therefore
must
be
meaningfully
resolved,
with
urgency
before
the
4th
Ministerial
Meeting
and
without
any
extraneous
linkages.
6.
We
note
that
the
Uruguay
Round
Agreements
have
not
resulted.
as
promised.
in
greater
market
access
to
the
developed
countries'
markets
for
the
exports
of
developing
and
least
developed
countries.
The
continued
existence
in
developed
countries
of
tariff
peaks,
tariff
escalations
and
other
non-tariff
barriers
such
as
arbitrary
and
complex
rules
of
origin,
technical
barriers
to
trade,
and
sanitary
and
phytosanitary
measures
used
for
protectionist
purposes.
as
well
as
abuse
of
the
so
called
trade
remedies
such
as
anti-dumping.
countervailing
duties
and
safeguard
actions
particularly
in
sectors
of
interest
for
developing,
countries
including
textiles
and
clothing,
agriculture
and
other
agro-industrial
products
has
had
a
serious
negative
impact
on
the
trade
and
development
prospects
of
the
developing
and
least
developed
countries
and
has
prevented
these
countries
from
reaping
the
benefits
of
trade
liberalization.
The
Ministerial
Meeting
in
Doha
should
address
the
negative
impact
of
these
measures
on
market
access
opportunities
for
developing
countries
with
a
view
to
their
elimination.
7.
We
believe
that
since
the
Special
and
Differential
(S&D)
provisions
in
the
existing
UR
agreements,
are
mostly
in
form
and
not
in
substance.
WTO
Agreements
should
take
into
account
the
special
development
needs
of
developing
countries.
including
LDCs,
in
a
more
meaningful
and
effective
manner
and
call
upon
developed
countries
to
urgently
undertake
positive
measures
to
respond
to
the
development,
financial
and
trade
needs
of
developing
countries
without
reciprocal
obligations.
It
also
needs
to
ensure
their
effective
applicability
in
terms
of
the
intended
objectives,
by
making
those
provisions
more
precise
and
effective.
These
provisions
need
to
be
legally
binding
and
must
be
operationalised
and
made
enforceable
so
that
these
do
not
remain
merely
"best
endeavour
clauses."
The
members
should
agree
to
conclude
a
Framework
Agreement
on
the
S&D
Provisions.
8.
The
on-going
mandated
negotiations
in
the
areas
of
Agriculture
and
Services
as
well
as
mandated
reviews
need
to
result
in
improved
market
access
opportunities
and
more
fair
and
equitable
rules
for
developing
countries.
We
urge
the
Doha
Ministerial
Conference
to
redouble
efforts
in
this
regard.
9.
Trade
in
agriculture
has
been
thereto
characterized
by
high
levels
of
protection
through
the
use
of
high
level
of
subsidies
and
a
range
of
tariff
and
non-tariff
barriers
in
the
developed
countries.
Deeply
concerned
by
the
lack
of
progress
on
the
on-going
mandated
negotiations
under
article
20
of
the
AoA,
we
stress
the
need
for
the
4th
Ministerial
Conference
to
take
the
necessary
decisions
for
achieving
the
fundamental
reform
of
agriculture,
leading
to
its'
incorporation
into
the
rules
and
disciplines
of
the
WTO,
through:
o
The
adoption
of
effective
modalities
for
eliminating
the
trade
and
production-distorting
measures
as
well
as
the
trade
impeding,
impact
of
such
instruments
on
developing-
countries
exports
in
agriculture:
o
Developed
countries'
undertaking
to
eliminate
tariff
peaks.
tariff
escalations:
to
substantially
reduce
bound
tariffs:
to
substantially.
reduce
domestic
support:
and
to
eliminate
all
forms
of
export
subsidies.
An
improved
differential
and
favourable
treatment
which
is
operational,
effective
and
binding,
is
critical
to
promote
the
development
potential
of
agriculture
in
the
developing-
countries:
o
The
redressal
of
the
inequitable
nature
of
existing
provisions
of
the
Agreement
on
Agriculture.
In
this
regard
the
proposal
by
developing
countries
on
"Development
Box"
should
be
included
in
the
provisions
of
a
renewed
and
more
equitable
agreement
as
well
as
other
proposals
made
by
developing
countries
and
S&D
and
the
concerns
of
single
commodity
producers
and
SIDS.
Proposals
made
by
developing
countries
on
non-trade
concerns-namely
food
security
and
rural
development
shall
also
be
addressed.
As
agreed,
the
appropriate
mechanisms
should
be
established
to
ensure
the
implementation
of
the
commitments
made
in
the
Decision
on
Measures
in
favour
of
Net
Food
importing
Developing-
Countries
and
LDCS.
10.
Trade
preferences
remain
crucial
in
increasing
developing
countries
shares
in
international
trade
and
they
should
be
meaningful
and
not
tied
to
non-trade
conditionalities.
11.
We
note
with
deep
concern
the
substantial
lag
in
the
participation
of
developing
countries
in
the
trade
in
services.
The
ongoing
mandated
negotiations
on
trade
in
services
shall
be
conducted
on
the
basis
of
progressive
liberalization
as
a
means
to
promote
the
economic
growth
of
all
trading
partners
and
the
development
of
the
developing
countries.
We,
therefore,
re-affirm
the
importance
of
the
Guidelines
and
Procedures
for
Negotiations
adopted
by
the
Council
for
Trade
and
Services
on
28th
March
2001
(document
S,/L/
93),
which
shall
form
the
basis
for
continuing
the
negotiations
with
a
view
to
achieving
the
objectives
of
the
General
Agreement
on
Trade
in
Services.
as
stimulated
in
the
Preamble,
Article
IV
and
Article
XIX
of
that
Agreement.
12.
We
consider
that
negotiations
should
make
operational
the
provisions
under
the
TRIPs
Agreement
relating
to
the
transfer
of
technology,
to
the
mutual
advantage
of
producers
and
users
of
technological
knowledge,
and
seek
mechanisms
that
allow
for
the
disclosure
of
the
sources
of
traditional
knowledge
and
(genetic
resources
used
in
inventions,
in
order
to
achieve
a
fair
and
equitable
sharing
of
benefits.
In
this
regard.
the
TRIPs
agreement
should
be
supportive
of
and
not
run
counter
to
the
objectives
and
principles
of
the
CBD
with
view
to
ensuring
the
protection
of
biological
resources
and
to
promote
disciplines
to
protect
traditional
knowledge
and
genetic
resources.
The
TRIPS
review
shall
fully
take
into
account
the
developmental
dimension
and
during
the
course
of
this
review
members
should
agree
not
to
invoke
dispute
settlement
procedures
against
the
developing
countries.
13.
We
affirm
that
nothing
in
the
TRIPS
agreement
should
prevent
governments
from
taking
measures
for
protecting
public
health
and
nutrition
as
well
as
from
ensuring
affordable
access
to
essential
medicines
and
life
saving
drugs
in
keeping
with
public
health
concerns
of
developing
countries.
14.
We
underline
the
importance
of
the
review
of
the
Agreement
on
Trade
Related
Investment
Measures
and
reiterate
that
appropriate
amendments
in
the
TRIPS
Agreement
are
necessary
for
developing
countries
to
enable
them
to
pursue
their
goals
for
development
and
rapid
industrialization
including
indigenisation.
We
also
stress
that
there
should
be
a
positive
approach
to
requests
for
further
extension
of
the
transition
period
for
developing
countries
under
the
TRIPS
Agreement
and
in
accordance
to
the
8
May
2000
Decision
by
the
General
Council.
We
further
affirm
that
there
should
not
be
any
expansion
in
the
list
of
the
measures
covered
by
the
disciplines
of
the
TRIPS
Agreement
and
during
the
course
of
the
review
members
should
agree
not
to
invoke
dispute
settlement
procedures
against
the
developing
countries.
15.
There
is
an
immediate
need
for
a
meaningful
integration
of
the
textile
and
clothing
sector,
in
view
of
very
limited
liberalization
of
trade,
affecting
items
under
specific
quota
restraints
and
meaningful
increase
in
access
possibilities
for
small
suppliers
from
developing
countries.
Measures
in
this
regard
should
include,
inter
alia,
accelerated
liberalization
through
removal
of
restrictions
in
accordance
with
the
ATC
and
application
of
moratarium
on
antidumping,
anti-subsidy
and
safeguard
measures
resorted
to
by
industrialized
countries.
16.
Measures
to
address
implementation
and
mandated
negotiations
including
the
review
of
various
WTO
agreements
already
constitute
a
broad
agenda
for
work.
We
recognize
that
issues
such
as
trade
and
investment.
competition,
transparency
in
government
procurement.
trade
facilitation,
are
important.
However,
any
decision
to
conduct
negotiations
on
these
issues
in
WTO
should
be
on
a
consensual
basis
and
would
need
to
be
carefully
assessed
in
respect
of
any
implication
on
developing
countries
and
their
capacity
to
engage
in
negotiations.
Furthermore,
proposals
of
the
developing
countries
to
redress
the
development
deficit
in
WTO
must
constitute
first
priority
for
any
additional
negotiations.
17.
We
note
that
developing
countries
have
highlighted
some
issues
like
trade
and
debt.
trade
and
finance
and
trade
and
transfer
of
technology
in
the
preparatory
process
for
Doha
and
earlier
Seattle.
The
establishment
of
mechanisms
to
meaningfully
address
these
issues,
which
are
of
utmost
concern
to
developing
countries.
should
be
urgently
considered.
18.
We
consider
that
developing
countries
continue
to
be
constrained
among
others
by
limited
technical
and
institutional
capacities
to
fully
adapt
their
national
laws
and
fulfill
their
obligations
as
required
and
take
full
advantage
of
the
provisions
of
the
multilateral
trade
agreements.
We
urge
developed
country
members
of
the
WTO
to
fulfill
their
obligations
and
undertakings
with
regard
to
capacity
building,
and
other
technical
assistance
support
to
developing
and
least
developed
countries
in
letter
and
spirit.
There
is
a
need
to
enhance
and
ensure
the
provision
of
necessary
resources
on
a
predictable
and
regular
basis
and
that
technical
cooperation
activities
should
be
funded
from
the
regular
budget
of
the
WTO.
We
call
for
strengtheng
technical
assistance
and
capacity
building
activities
of
WTO.
The
international
agencies
of
United
Nations
and
other
relevant
organizations.
Technical
assistance
should
not
be
subject
to
conditionalities.
19.
We
stress
the
importance
for
all
countries
of
consistency
between
national
trade
policies
and
the
multilateral
trade
agreements.
In
this
regard.
we
reiterate
our
concern
and
call
or
the
elimination
of
the
continuing
use
of
coercive
economic
measures
against
developing
countries,
through,
inter
alia,
unilateral
economic
and
trade
sanctions
which
are
in
contradiction
with
international
law,
in
particular
new
attempts
aimed
at
extraterritorial
application
of
domestic
law.
which
constitute
a
violation
of
the
United
Nations
Charter
and
of
WTO
rules.
20.
There
is
an
urgent
need
to
implement
the
commitments
undertaken
in
the
Plan
of
Action
adopted
at
the
Third
United
Nations
Conference
on
the
Least
Developed
Countries
(LDC
III)
in
particular
Commitment
5.
"Enhancing
the
Role
of
Trade
in
Development"
and
Commitment
7
Mobilizing
Financial
Resources".
There
should
be
a
binding
commitment
to
grant
LDCs
duty
free
and
quota
free
access
by
the
developed
countries
for
their
exports.
21,
The
developed
countries
should
also
give
due
regard
to
the
interest
of
other
developing
countries
for
future
improved
market
access
commitments.
22.
The
Integrated
framework
(IF)
remains
a
viable
mandate
for
delivering
co-ordinated
trade
and
trade-related
technical
assistance
to
LDCs.
The
IF
trust
fund
requires
adequate
funding
and
greater
transparency
in
its
implementation,
including
the
basis
for
selecting
beneficiary
countries.
23.
In
view
of
the
increasing
marginalization
of
Least
Developed
Countries
(LDCs)
in
world
trade,
we
urge
the
Ministerial
Conference
of
WTO
to
take
into
account
the
spirit
and
recommendations
of
the
Declaration
of
the
recently
LDCs
Trade
Ministers
Meeting
held
in
Zanzibar,
to
enhance
their
participation
in
the
multilateral
trading
system.
24.
LDC
applicants
for
WTO
membership
should
allowed
to
accede
on
a
fast
track
on
the
basis
of
flexible
agreed
criteria
and
obligations
commensurate
with
their
stage
of
development
and
based
on
the
S&D
treatment
in
favour
of
LDCs.
The
commitments
of
acceding
LDCs
should
not
exceed
those
of
LDCs
currently
Members
of
WTO.
25.
We
reaffirm
that
ILO
is
the
competent
body
to
set
and
deal
with
all
issues
relating
to
labour
standards.
We
therefore
firmly
oppose
any
linkage
between
trade
and
labour
standards.
We
are
also
against
the
use
of
environmental
standards
as
a
new
form
of
protectionism.
We
believe
that
issues
relating
to
such
standards
should
be
dealt
with
by
the
competent
international
organizations
and
not
by
the
WTO.
26.
Developing
concepts
such
as
global
coherence
with
other
intergovernmental
organizations
like
ILO
and
UNEP
should
be
cautioned
against
as
it
may
be
used
to
link
trade
with
social
and
environmental
issues
for
protectionist
purposes.
27.
We
stress
the
need
to
address
the
specific
problems
of
small
economies,
which
are
being
increasingly
marginalized
in
the
multilateral
trading
system.
Therefore,
the
ministerial
decision
should
reflect
the
need
to
address
the
specific
problems
faced
by
small
economies
and
to
agree
on
a
relevant
work
program
for
them.
28.
We
also
take
note
of
the
problems
of
the
land-locked
developing
countries
and
SIDS
emanating
from
the
constraints
due
to
their
geographical
location.
Ways
to
address
these
problems
should
be
identified.
29.
We
recognize
that
regional
and
sub-regional
integration
amongst
developing
countries
is
essential
to
reversing
the
process
of
marginalisation
and
constitute
a
dynamic
building
block
for
their
effective
participation
into
the
multilateral
trading
system.
However,
we
are
concerned
with
RTAS,
involving
developed
countries.
which
discriminate
against
many
developing
and
the
least
developed
countries.
We,
therefore,
call
for
the
elimination
of
tariff
differentials
that
discriminate
against
developing
countries
in
RTAs
amongst
the
developed
countries.
30.
We
take
note
of
current
work
on
enhancing
coherence
and
complementary
amongst
the
Bretton
Woods
institutions
and
the
WTO,
whose
policies
and
obligations
should
be
mutually
supportive
in
promoting
the
development
objective
of
the
MTS.
especially
those
of
developing
countries,
with
a
view
to
ensuring
policy
consistency.
improved
co-ordination
on
technical
and
financial
assistance,
improving
foreign
direct
investment
(FDI)
flows.
reduction
of
the
debt
burden
and
eradicating
poverty.
To
this
end,
the
imposition
of
cross
conditionalities
or
additional
conditions
on
Governments
shall
be
avoided.
31.
The
universality
of
the
World
Trade
Organization
should
be
achieved
as
soon
as
possible
in
order
to
strengthen
the
multilateral
trading
system.
We
strongly
believe
that
appropriate
assistance
should
be
made
available
to
developing
countries
seeking
accession.
They
should
be
offered
terms
that
do
neither
exceed
nor
are
unrelated
to
the
commitments
of
developing
country
and
LDC
members
of
WTO.
We
urge
that
all
WTO
members
refrain
from
placing
excessive
or
onerous
demands
on
applications
from
developing
countries.
Therefore,
there
is
a
need
for
a
transparent,
streamlined
and
accelerated
accession
process
that
is
in
keeping
with
WTO
rules
and
discipline.
32.
We
recognize
the
very
extensive
market
access
and
other
commitments
made
by
the
newly
acceding
developing
countries.
This
should
be
taken
into
account
in
future
trade
negotiations.
33.
We
call
upon
the
need
of
continuing
the
work
program
on
e-commerce.
We
also
reaffirm
the
need
to
bridge
the
digital
divide
and
eliminate
all
restrictions
to
the
participation
of
developing
countries
and
to
access
to
modern
technologies.
34.
The
clarification
of
the
applicable
WTO
rules
to
electronic
Commerce
will
be
of
interest
to
all
Members.
Future
work
in
this
context
should
aim
to
create
new
opportunities
for
the
expansion
of
trade,
and
in
particular,
for
greater
participation
in
international
trade
on
the
part
of
developing
countries
and
for
their
small
and
medium
enterprises.
35.
We
reiterate
the
need
to
urgently
reach
a
decision
in
WTO
with
regard
to
the
request
for
permanent
observers
status
that
have
been
submitted
by
regional
and
other
intergovernmental
organizations
from
developing
countries.
PREPARATIONS
FOR
THE
2001
MINISTERIAL
CONFERENCE
Proposal
for
Framework
Agreement
on
Special
and
Differential
Treatment.
Communication
from
Cuba,
Dominican
Republic,
Honduras,
India,
Indonesia,
Kenya,
Malaysia,
Pakistan,
Sri
Lanka,
Tanzania,
Uganda,
Zimbabwe
The
recognition
of
inherent
inequality
of
'players'
in
the
Multilateral
Trading
System
and
the
special
needs
and
development
concerns
of
the
developing
countries
figured,
for
the
first
time,
in
the
Havana
Charter.
The
concept
of
Special
and
Differential
treatment
is
a
fundamental
building
bloc
of
the
multilateral
trading
system.
It
was
conceived
in
acknowledgement
of
the
fact
that
developing
countries
are
at
a
very
different
stages
of
economic,
financial
and
technological
developments
and
therefore
have
entirely
different
capacities
as
compared
to
developed
countries
in
taking
on
multilateral
commitments
and
obligations.
It
had,
therefore,
been
accepted
that
special
advantages
and
flexibilities
must
be
provided
to
developing
countries
so
that
they
are
able
to
adopt
appropriate
national
policies
to
support
their
trade
regime.
In
essence,
therefore,
Special
and
Differential
treatment
provisions
are
to
be
looked
at
not
as
exceptions
to
the
general
rules
but
more
importantly
as
an
integral
and
inherent
objective
of
the
multilateral
trading
system.
2.
The
preamble
of
the
Marrakesh
Agreement
establishing
the
WTO
clearly
recognizes
the
need
for
positive
efforts
to
ensure
that
developing
countries
and
the
least
developed
countries
secure
a
share
in
the
growth
in
international
trade
commensurate
with
the
needs
of
their
economic
development.
It
is
perhaps
important
to
look
at
the
process
of
the
development
and
elaboration
of
S&D
treatment
for
developing
countries
in
the
multilateral
trading
system.
3.
In
the
GATT
the
important
milestones
in
this
regard
were:
a)
Modification
of
article
XVIII
of
GATT
in
1954-55
to
include
Article
XVIII-B
which
allowed
developing
countries
to
use
quantitative
restrictions
for
balance-of-payments
(BoP)
purposes;
b)
Establishment
of
UNCTAD
and
the
creation
of
the
Committee
on
Trade
and
Development
in
the
GATT
in
1964;
c)
Addition
of
Part
IV
on
Trade
and
Development
to
the
GATT
in
1965;
and
d)
Adoption
of
the
Enabling
Clause
in
1979
at
the
end
of
the
Tokyo
Round.
This
process
signified
the
growing
importance
of
the
S&D
treatment
for
developing
countries
in
the
multilateral
trading
system
and,
at
the
very
least,
the
political
recognition
by
developed
countries
of
the
need
for
S&D
to
attract
and
accommodate
developing
countries
in
the
system.
4.
Special
and
Differential
Treatment
was
based
on
the
recognition
that
the
developing
countries
were
placed
differently
in
international
trade
and
that
these
difficulties
as
well
as
the
imperative
of
promoting
social
and
economic
development
required
that
the
developing
countries
be
treated
differently
in
the
Multilateral
Trading
System
:
5.
The
basic
content
of
S&D
provisions
consisted
of
:
i)
Better
market
access
for
exports
by
developing
countries
so
that
they
could
boost
economic
development
through
exports.
ii)
A
lower
level
of
obligations
for
developing
countries
providing
them
the
necessary
flexibility
to
pursue
policy
options
appropriate
for
industrialization
and
economic
development
and
;
iii)
A
modest
level
of
expectation
from
developing
countries
as
regards
their
application
of
various
GATT
agreements.
6.
One
guiding
principle
for
S&D
was
an
acceptance
of
deviation
from
the
general
rule
of
quid
pro
quo
or
reciprocity
for
the
developing
countries.
7.
The
concept
of
S&D
underwent
a
dramatic
transformation
in
the
Uruguay
Round
Agreements.
The
S&D
treatment
prior
to
WTO
was
in
recognition
of
the
special
problems
of
development
faced
by
developing
countries,
but
in
the
WTO
agreements
it
only
recognized
the
special
problems
that
developing
countries
may
face
in
the
implementation
of
the
agreements.
This
major
shift
in
the
focus
from
the
problems
of
development
to
the
problems
of
implementation
meant
that:
i)
It
was
assumed
that
the
level
of
development
had
no
relationship
with
the
level
of
rights
and
obligations
under
the
multilateral
trading
system,
ii)
The
same
policies
could
be
applicable
for
countries
at
various
levels
of
development.
It
was
thought
that
all
what
was
required
was
the
grant
of
short
transition
periods
and
technical
assistance
for
the
developing
countries
;
and
iii)
Developing
countries
did
not
have
the
option
to
sign
or
otherwise
on
the
various
agreements
because
all
of
them,
excepting
four
plurilateral
agreements,
were
part
of
the
Single
Undertaking.
8.
This
dramatic
erosion
of
S&D
treatment
was
further
compounded
by
the
fact
that
the
WTO
agreements
went
far
beyond
the
traditional
border
measures
covered
under
the
GATT
and
included
many
more
areas
of
domestic
economic
policy
making.
In
addition,
these
agreements
were
enforceable
through
a
binding
dispute
settlement
mechanism
under
the
WTO.
9.
The
Uruguay
Round
Agreements
shifted
the
thrust
from
enhanced
market
opportunities
to
grant
of
transition
periods
and
technical
assistance.
The
developing
countries
could
hardly
benefit
from
the
almost
145
S&D
provisions
(in
the
Uruguay
Round
Agreements)
which
mostly
do
not
go
beyond
a
best
endeavour
promise
and
therefore
are
not
legally
enforceable.
Lack
of
any
mechanism
to
ensure
effective
implementation
of
S&D
provisions
in
the
WTO
has
been
a
major
area
of
concern
for
developing
countries.
10.
It
is
imperative
to
undertake
a
thorough
review
of
the
concept
of
S&D
as
its
basis
objective
is
to
create
a
level
playing
field
for
unequal
players
in
the
Multilateral
Trading
System.
This
should
seen
in
the
establishment
of
a
concrete
and
binding
S&D
regime
which
is
responsive
to
the
development
needs
of
the
developing
countries.
There
is
an
urgent
need
for
such
S&D
regime
which
mainly
focuses
on
enhancing
market
access
opportunities
(for
developing
countries)
and
provides
policy
options
aimed
at
unlocking
their
growth
and
development
potential.
The
guiding
basis,
therefore,
should
be
that;
i)
the
liberalization
of
trade
is
not
an
end
in
itself
but
the
means
to
an
end,
that
is,
economic
growth
and
development
of
all
members
and
ii)
different
levels
of
development
achieved
by
members
require
different
sets
of
policies
to
achieve
economic
growth
and
development.
11.
First,
because
developed
countries,
too,
have
enjoyed
such
flexibility
and
differential
treatment
during
their
earlier
periods
of
economic
development.
In
fact,
some
of
them
are
still
getting
such
treatment,
particularly
in
areas
such
as
textiles
and
clothing,
and
agriculture.
Second,
in
this
age
of
interdependence,
the
long
term
prosperity
of
developed
countries
depends
on
the
economic
development
of
developing
countries.
S&D
treatment
that
facilitates
developing
countries
to
grow
and
develop
will
ultimately
benefit
all
not
just
in
terms
of
more
and
affluent
markets
but
by
ensuring
a
more
peaceful
world.
12.
The
system
and
the
rules
should
ensure
equal
participation
by,
and
equal
benefits
to,
all.
In
the
immediate/short
term,
all
the
existing
S&D
provisions
in
various
WTO
agreements
should
be
fully
operationalised/implemented.
The
implementation
should
go
beyond
technicalities
and
include
operationalisation
of
provisions
that
presently
lack
operational
modalities.
13.
In
the
medium
term,
the
agreements
should
be
suitably
amended
in
the
light
of
the
experience
by
the
developing
countries
that
these
provisions
fall
short
of
providing
necessary
flexibility
to
pursue
appropriate
policies
and
facilitate
economic
development
in
the
developing
countries.
The
WTO
must
demonstrate
sensitivity
to
developmental
objectives
of
majority
of
its
Membership
and
to
sustain
credibility.
Many
of
the
Implementation
proposals
submitted
by
developing
countries,
in
the
backdrop
of,
uneven
growth
and
development
in
the
years
following
the
establishment
of
WTO,
can
be
viewed
as
an
initial
endeavour
for
extension
and
elaboration
of
enhanced,
effective
and
a
binding
S&D
regime.
14.
In
order
to
institutionalize
and
rationalize
the
adoption
and
application
of
S&D
provisions
in
various
WTO
Agreements,
WTO
Members
should
elaborate
a
framework/umbrella
agreement
on
S&D
treatment
which
should
include
provisions
reflecting
the
objectives
and
principles
of
S&D
treatment
for
developing
countries,
as
outlined
above.
The
Doha
Ministerial
should
recognize
the
importance
of
this
issue
and
agree
to
the
negotiation
of
such
a
"framework"
agreement
on
S&D.
15.
Some
of
the
elements
which
can
form
part
of
the
Agreement
on
S&D
could
be
as
follows
:
·
Special
and
Differential
treatment
shall
be
mandatory
and
legally
binding
through
the
dispute
settlement
system
of
the
WTO
(including
notification
requirements
and
inclusion
of
these
commitments
in
country
schedules).
·
In
any
future
agreement,
that
the
Members
may
agree,
there
shall
be
an
evaluation
of
the
development
dimension.
This
evaluation
should
include
the
fact
as
to
how
these
agreements
facilitate
attainment
of
developmental
targets
(e.g.
as
set
out
in
the
Millennium
Declaration).
·
The
Members
shall
undertake
an
evaluation
of
the
implications
of
any
future
agreement,
with
respect
to
implementation
costs
in
terms
of
financial,
capacity
building
and
technical
assistance,
etc.
·
The
transition
periods
shall
be
linked
to
objective
economic
(debt
level,
level
of
industrial
development,
human
development
index,
etc.)
and
social
(literacy
and
life
expectancy)
criteria.
·
Without
an
evaluation
of
the
fact
whether
an
Industrial
Policy
has
a
demonstrable
adverse
impact
on
trade,
there
shall
be
no
prohibition
of
policies
which
promote
growth
and
development
in
developing
countries.
·
The
application
of
the
concept
of
Single
Undertaking
for
developing
countries
should
not
be
automatic.
28.06.2002
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