Overhaul of the SDT Provisions in the WTO: Separating the Eligible from the Ineligible

The special and differential treatment (“SDT”) provisions have been a recurring feature in the agreements of the World Trade Organization (“WTO”) treaties. However, most analysts would probably agree that the many SDT provisions have been more aspirational than operational. Hence, there is little surprise that even a selective review of the WTO jurisprudence would demonstrate that the SDT provisions have, in most cases, not done enough for their intended beneficiaries. This paper will analyze the limitations of the SDT provisions with reference to the relevant WTO jurisprudence. It will seek to explore two potential avenues of endeavoring to make the SDT provisions engender more tangible outcomes for their intended beneficiaries. This article argues that although the two means discussed here may not seem connected, they indeed are.  PhD, Macquarie University; LL.M. (Intellectual Property & Information Technology Law), National University of Singapore; LL.B. (Honours), University of Dhaka; is a Professor at Department of Law and a member, Centre for Peace Studies, North South University; . The writer would like to thank Sajid Hossain and Abdullah Saquib for their able research assistance. The article is a substantially revised and expanded version of a paper presented on July 9, 2021 at the 7th Biennial Society of International Economic Law Milan Global Conference 2021. He would like to thank Desiree LeClerecq, moderator of the panel, and co-panelists: Josephine Monioluwa Adeyele, Sparsha Janardhan, Xinyan Zhao, for their questions and comments. All errors are, of course, the author’s alone.