Special and differential treatment in the WTO: framing differential treatment to achieve (real) development

Purpose Special and differential treatment (SDT) in the World Trade Organisation (WTO) has failed to integrate developing countries into international trading system, as contemplated by WTO Agreement, itself. This paper aims interrogate current application of SDT members possible undermining factor for not delivering on its objective. Design/methodology/approach The research uses a qualitative legal methodology. study conducts desk analysis primary materials existing literature assess reflections draw lessons reforms WTO. Findings From interrogating practice comparative with similar under Montreal Protocol, this finds that indeed, problem lies approach absence eligibility criteria determining access is core reason abuse sub-optimal outcome from application. Originality/value While making case rules-based differentiation WTO, proposes unique methodology differentiating between SDT, including use composite indicator ensure indicators are used sufficiently reflect their heterogeneous needs. Drawing inspiration Gonzalez et al. (2011a), introduces an adaptation selecting threshold graduation. Specifically, proposal value standard deviation weighted mean graduating novel.