Significance of “Special and Differential Treatment” in the Free Trade System: From the Perspective of the Theory of Plurality of Norms

This paper examines the significance of “special and differential treatment” (S&D) in the current and future free trade system from the perspective of the theory of plurality of norms. Firstly, it provides an overview of the theory of plurality of norms, which has been used in international law to cross-sectionally analyse the relationship between developed and developing countries across multiple treaty systems. Based on this theory, it clarifies the components and characteristics of S&D in the World Trade Organization (WTO) distinct from the provisions related to developing countries in the General Agreement on Tarrifs and Trade (GATT). Next, this paper examines the changes in the circumstances surrounding S&D, which has become prominent since the 2000s. After analysing the criticisms against S&D in recent years, it will consider S&D in the WTO Trade Facilitation Agreement, which is attracting attention as a model for the future. Furthermore, it compares S&D under this agreement with the principle of common but differentiated responsibilities (CBDR) in the Paris Agreement on climate change. It analyses the significance and issues of the “double self-election approach” that is perceived as common to both systems.