Special and Differential Treatment Reform in the WTO

The book focuses on special and differential treatment (SDT) of developing countries in the World Trade Organisation. It is carefully researched, draws on a breadth of literature and legal analysis, and presents an original argument on for reforming the system of differentiation within the World Trade Organization (WTO). What Aniekan Ukpe calls a 'differentiated differentiation' approach seeks to resolve contentious and deadlocked debates about the rights and obligations of developing country members. It is on this original approach that the rich historical, ideational and legal analysis of the early chapters of the book builds. The proposed evidence-based and case-by-case system adds a new perspective to academic debates on differential treatment. It has real potential to contribute to ongoing debates in the WTO on reforming differentiation among its members.

The "Special and Differential Treatment Reform in the WTO" by Aniekan Ukpe offers a thorough exploration of the complexities of trade law within the World Trade Organization (WTO), with a particular emphasis on the concept and reform of Special and Differential Treatment (SDT). Ukpe's work is both timely and relevant, addressing some of the most contentious issues in the multilateral trading system. At its core, the book focuses on the critical theme of reforming SDT provisions and practices within the WTO, offering a detailed examination of the current challenges and shortcomings inherent in these provisions. Ukpe conducts a thorough review of existing reform proposals, critically analysing their effectiveness and identifying gaps that have impeded meaningful progress. A central element of his work is the introduction of a unique, rules-based approach he terms "differentiated differentiation." This method advocates for defining agreement-specific or provision-specific criteria for SDT, ensuring that eligibility is based on objective and measurable factors related to a country’s capacity to implement specific rules, rather than on broad country categorization. The book goes beyond conceptual discussion by demonstrating the practical operationalisation of the approach, using the WTO’s customs valuation agreement as a case study.

Aniekan Ukpe’s book on Special and Differential Treatment (SDT) in the WTO is written at an inflection point in the World Trade Organization (WTO) and many other international organizations – one of increasingly deepening polarization between developed and developing countries and their respective coalitions. One of the central issues in the divide has been the non-fulfilment of developmental objectives set out in respective legal frameworks by international institutions, and the inability to reform. Negotiations on redressing SDT under the WTO have now stretched over 20 years in the Doha Development Round, with no middle-ground reached.

One of the longest running debates at the World Trade Organization (WTO) is how to best account for and address the unique needs of developing countries as they become integrated into the world trading system. This has raised a broad range of questions centering around three key issues— what are the specific needs of developing countries, what flexibilities are required to help members meet their commitments, and what support can be given to build capacity where it is needed most? But underlying these considerations that helped frame individual discussions was always the bigger question of whether the approach to special and differential treatment (SDT) was sufficient to account for the diversity of the organization’s membership.