Special and Different Treatment in the WTO and the promotion of competitive equality in international agricultural trade

• Autor(a) principal: Duarte Gonçalves Bergamaschi, Joice
• Data de Publicação: 2023
• Outros Autores: Lobo Muniz, Tania
• Tipo de documento: Artigo
• Idioma: por
• Título da fonte: Revista do Direito Público
• Texto Completo: https://ojs.uel.br/revistas/uel/index.php/direitopub/article/view/47564
• topic: Special and Differential Treatment. Agricultural Subsidies. Competitive equality. WTO. DSC.; Tratamento Especial e Diferenciado. Subsídios Agrícolas. Igualdade concorrencial. OMC. OSC.

Recognizing the disparity in the existing economic positions among its Member States, the World Trade Organization (WTO) enshrines the “Special and Differential Treatment” for developing Member States, which, expressly foreseen, makes their obligations more flexible, to provide them with equality material competitive advantage, given the economic strength of the developed Member States. In this vein, the study uses the hypothetical-deductive method to analyze the contributions of the “Special and Differential Treatment”, in the context of the agreements that deal with agricultural subsidies in the WTO, with an examination of the “Cotton Litigation” (DS267), which involved Brazil and the United States. It is expected to conclude, in composition of the relevance of the research, that the complete performance of the Dispute Settlement Body (DSC) of the WTO is as important as the existence of such regulations, since developed Member States have subsidized their agricultural sector on the sidelines of the agreed prohibitions, to the detriment of the fair participation of developing Member States in international agricultural trade.