Special and Differential Treatment in the WTO Agreement on Agriculture and the Benefits for Developing Countries

Abstract

This paper aims to analyze how developing countries can take full advantage of international trade arrangements and apply the principles and rules of special and differential treatment in the WTO rules of international trade in the context of agricultural sector. This research applied normative legal research as a method that refers to legal norms to understand the application of legal norms to present facts, changing circumstances. This method is also purposively to offer potential solutions to resolve concrete societal issues in order to understand the application of legal norms. The purpose includes to analyze the WTO agricultural agreement by showing the importance of special and different treatment in the context of international trade. This study revealed that there have been a number of special and differential treatment arrangements under Agreement on Agriculture set out in a number of articles. The existence of arrangements concerning special and differential treatment in Agreement on Agriculture (AoA) is expected to provide benefits between all participating countries. The provision provides the obligation for developed countries to pay full attention to the special needs and different conditions of developing countries. This rule includes the recognition of the existing differentiation among WTO members and treatment for all developing member countries. The AoA is implemented by giving more emphasis on agricultural sector, and giving rural development priorities as a main basis for agriculture.