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19 Developing Countries

Mitsuo Matsushita, Thomas J. Schoenbaum, Petros C. Mavroidis, Michael Hahn

From: The World Trade Organization: Law, Practice, and Policy (3rd Edition)

Mitsuo Matsushita, Thomas Schoenbaum, Petros C. Mavroidis, Michael Hahn

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2021. All Rights Reserved.date: 23 September 2021

Developing countries — Most-favoured-nation treatment (MFN) — Sources of international law

This chapter focuses on efforts to nuance the GATT framework to accommodate the needs of developing countries. It details the introduction of the Enabling Clause — the decision of the GATT Contracting Parties, which allowed (‘enabled’) deviations from the most favoured nation (MFN) rate in favour of goods originating from developing countries to become a permanent feature of the GATT, and now the WTO legal order. The key elements and beneficiaries of the Enabling Clause as well as other provisions on special and differential treatment are also discussed.

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