On the Special and Differential Treatment in WTO Treaties
特殊和差别待遇是世贸组织各协定给发展中国家成员方的优惠待遇 ,源于关贸总协定 ,经历了长期的发展过程 ,其基本的含义是发展中国家成员方可在一定的范围和条件下 ,背离各协定所规定的一般权利和义务而享有较优惠的待遇 ,现已成为世贸组织处理发展中国家问题时需遵循的一项基本原则。但特殊和差别待遇的具体内容存在优惠幅度不足、不够具体明确等局限性。为达到特殊和差别待遇原则的有效实施 ,发展中国家成员方仍需不断努力争取。The principle of special and differential (S&D) treatment for developing countries must be observed by WTO when it deals with matters concerning developing countries. The principle evolved through the long and uneven history of GATT and was inherited by WTO. The fundamental implications of the principle are that developing countries may to some extent depart from the general obligations under the multilateral trade agreements and obtain more favourable treatment. However, an investigation of the contents of S&D treatment shows that it has many shortcomings. Consequently, more efforts should be made by WTO and its members to ensure the implementation of the principle.