Published 2024-07-26
Keywords
- Fairness, WTO Trading, Developed economy, Under Developed Economy, Difference Principles, Capability Approach, Special Treatment
How to Cite
Abstract
According to the website of World Trade Organization (WTO), there are total 164 members, out of which two third are developing countries (includes, both developed and developing countries) and 35 are Under Developed Countries. WTO is now targeting to integrate 8 Least Developed Countries to its trading system. This shows that, participants under ‘Uniform and Liberalized trade Policy of WTO’ are divergent in many aspects; basically, the capability. Accordingly, the benefit shared by developed countries from the bilateral and multilateral treaty arrangements under WTO, is comparably vast and more efficacious for them than that shared by the Least Developed Countries and Developing Countries. This paper has attempted to analyse the fairness doctrine associated within various aspects of trading practice of WTO. This paper is expected to be significant to understand the importance of justice in world trading. To analyse this, firstly, the implication of doctrine of Fairness as advocated by John Rawls and Amartya Sen have been argued in relation to the world Trade. In this regard, it has analysed whether this fairness advocated by them in domestic institutional order is possible to be invoked at international institutional order. If yes, how they can be integrated in global trading practice. Here, analogy of fairness is made with reference to ‘Difference Principle’ of John Rawls and ‘Capabilities Approach’ of Amartya Sen. Similarly, this paper has attempted to analyse the implication of fairness in pertaining to the major issues of WTO like: Protectionist measures, bargaining power, National Treatment Principle and dispute settlement. Lastly, it has aimed to find out whether, there is special treatment under the Trading policy, meant for developing and least developing economies considering their capability and available resources. To sum up, it is expected to unveil the prospect of justice implication in WTO Trading.
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References
- John Toye, Order and Justice in the International Trade system, Oxford University Press, 2009, p.105.
- Ibid.
- Darrel Mollendor, ‘The World Trade Organization and Egalitarian Justice’, Meta philosophy, vol. 36:2, 2005.
- Ibid.
- Ibid.
- ‘Principles of the Trading system’, World Trade Organization, available at https://www.wto.org/english/thewto_e/whatis_e/tif_e/fact2_e.htm, accessed on 24 September 2023.
- Ibid.
- Sylvie Loriaux, ‘Fairness in Trade and Protectionist Policies: some Reflections’, Archives for Philosophy of Law and Social Philosophy, 2018.
- Mollendor (n 3).
- Ibid.
- Ibid.
- Darrel Mollendorf, ‘Cosmopolitan Justice Reconsidered’, Theoria: A Jorunal of Social and Political Theory, 2002, p.104.
- Andrew G. Brown & Robert M. Stern, ‘Fairness in the WTO Trading System’, University of Michigan: Research Seminar in International Economics, 2010.
- Brock, Gillian & Hassoun, ‘Global Justice’ The Stanford Encyclopaedia of Philosophy, 2023, available at https://plato.stanford.edu/archives/fall2023/entries/justice-global, accessed on 23 September 2023.
- Adam S. Chilton & Ryan W. Davis, ‘Equality, Procedural Justice, and the World Trade Organization,’ Intercult Human Rights Law Review, 2012, vol. 7, p. 277.
- Ibid.
- Hassoun (n 14).
- Ibid.
- Lamont, Julian and Christi Favor, ‘Distributive Justice’, The Stanford Encyclopaedia of Philosophy, 2017, available at, https://plato.stanford.edu/archives/win2017/entries/justice-distributive/, accessed on 23 September 2023.
- Richard Arneson, ‘Egalitarianism’, The Stanford Encyclopaedia of Philosophy, 2013, available at https://plato.stanford.edu/archives/fall2023/entries/justice-global/, accessed on 23 September 2023.
- Mollendor (n 3).
- Stern (n 13).
- Ibid.
- Mollendor (n 3).
- Nam-Ake Lekfuangfu, ‘Rethinking the WTO Anti-Dumping Agreement from a Fairness Perspective’, Cambridge Student Law Review, 2009, vol. 4, p. 300.
- Shrinivas Tripathi, ‘Trade territory and Technology: Economic Crisis in Global Economy’, New Century Publication, 2012, p.70.
- Ibid.
- Toye (n 1), p.107.
- Chilton (n 15) p. 277.
- Toye (n 1), p. 107.
- Nam-Ake Lekfuangfu, ‘Rethinking the WTO Anti-Dumping Agreement from a Fairness Perspective’, Cambridge Student Law Review, 2009, volume 4, p. 300.
- Toye (n 1), p. 107.
- General Agreement on Tariff and Trade, 1947, art III (4).
- GATT. art. III (1).
- GATT. art. III (2).
- Stern (n 13).
- Ibid.
- Ibid.
- Sylvie Loriaux, ‘Fairness in Trade and Protectionist Policies: some Reflections’, Archives for Philosophy of Law and Social Philosophy, 2018, p. 104.
- Ibid.
- Stern (n 13).
- Toye (n 1), p. 107.
- Ibid.
- Chilton (n 15) p. 277.
- Ibid.
- Ibid.
- Andrew D. Mitchell and Tania Voon ‘Operationalizing Special and Differential Treatment in the World Trade Organization: Game Over?’, Global Governance, 2009, vol.3, p. 15.
- Boosting trade opportunities for least-developed countries: Progress over the past ten years and current priorities, World Trade Organization, available at https://www.wto.org/english/res_e/publications_e/boottradeopp22_e.htm, accessed on 30 September 2023.
- Nam-Ake Lekfuangfu, ‘Rethinking the WTO Anti-Dumping Agreement from a Fairness Perspective’, Cambridge Student Law Review, 2009, volume 4, p. 300.
- Boosting trade opportunities for least-developed countries: Progress over the past ten years and current priorities, World Trade Organization, available at https://www.wto.org/english/res_e/publications_e/boottradeopp22_e.htm, accessed on 30 September 2023.
- Andrew D. Mitchell and Tania Voon ‘Operationalizing Special and Differential Treatment in the World Trade Organization: Game Over?’, Global Governance, 2009, vol.3, p. 15.
- Ibid.
- Chilton (n 15) p. 277.
- Mollendor (n 3).
- Ibid.