Why address development in the context of the World Trade Organization (WTO)
at all? Indeed the WTO has at best a very weak mandate regarding development.
An obvious alternative would be to consider development norms in general international
law and hope that they might in turn permeate the WTO system. In
practice, the WTO has not been very receptive to importing norms from public
international law, and certainly, with respect to development, has been largely deaf
to legal arguments grounded in any claim or right to development. As a result, the
WTO legal regime may be the most practical forum for addressing trade-related
aspects of development, primarily for legal reasons, but also for political reasons,
since developing members are actors within the WTO system and have signaled no
real intention to abandon that system in the near future.
Regardless of whether it is theoretically appropriate to deal with development at
the WTO, the reality is that trade rules unavoidably have an impact on development.
Th e question then is how exactly the WTO legal framework aff ects development
dynamics for its members, whether there are gaps between intended and
actual eff ects, and how WTO rules and institutions could be realigned to better
respond to the needs and demands of the various segments of the WTO membership.
Th is book explores these critical issues with a view to providing concrete
options for negotiators, tools for litigators and adjudicators, and a more coherent
understanding of the trade and development relationship at the WTO in the
longer term.