'Operationalising' Special and Differential Treatment in the SPS Agreement

Abstract

Special and differential treatment (SDT) of developing countries is provided for in many of the agreements of the World Trade Organisation (WTO), in order to take account of developing country constraints. However, the effectiveness and enforceability of these provisions has been called into question, and they are seldom relied upon in WTO dispute settlement proceedings. The need for effective SDT is particularly acute when it comes to WTO agreements creating extensive disciplines in areas of national regulation. One such agreement is the Agreement on the Application of Sanitary and Phytosanitary Measures (SPS Agreement).