Norm Institutionalization in the WTO

Abstract

During the 1990s within the trade regime there was a continuation of the ‘cascade’ of the norm of special treatment for LDCs and an increase in the norm’s institutionalization, particularly following the creation of the WTO in 1995. Whilst generally in the GATT, the focus had been on developing countries as a whole, with some attention paid to LDCs, with the creation of the WTO, the focus on developing countries changed to include LDCs as well. The WTO agreements reflected the increasing institutionalization of the norm of special treatment for LDCs by formally recognizing LDCs as an explicit category of WTO membership and importantly it is the only category of membership which is actually defined, as per the UN definition.¹ In addition, the WTO agreements contained several references to LDCs, and a list of provisions specifically concerning LDCs was drawn up by the Secretariat (GATT, 1994d; also see Appendix A). The Marrakesh Agreement, which established and outlined the structure of the WTO, contained three references to LDCs and emphasized the role of the WTO in assisting LDCs to increase their role in international trade.² It called for positive efforts to help LDCs ‘secure a share in the growth in international trade commensurate with the needs of their economic development’ and provided for periodic review of provisions in favour of LDCs (WTO, 1999b: 4). The WTO documents and legal texts provide evidence of the norm’s institutionalization within the trade organization.