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特殊与差别待遇(S&D)是GATT/WTO体制内发展中成员方建立国际经济新秩序的重要方式及所取得的重要成果。S&D条款的规范特征及执行表明发达成员方未能善意履行其项下义务。鉴于条约法与契约法的密切关糸,本文从契约法角度论证S&D的正当性,主张有必要明确发展中成员方的范围,强化S&D的确定性与约束力;客观上必须一揽子解决这两个问题才能有效发挥其作用;未来多边贸易谈判应继续坚持、强化并切实实施“承担义务的非互惠”模式的S&D。
Special and differential treatment (S & D) is an important way for the developing members of the GATT / WTO system to establish a new international economic order and the important achievements they have made. The normative characteristics and implementation of the S & D terms show that the developed members failed to perform their obligations in good faith. In view of the close relationship between the law of treaties and the law of contract, this article demonstrates the legitimacy of S & D from the standpoint of contract law, advocates that it is necessary to define the scope of the developing members and strengthen the certainty and binding power of S & D; objectively, we must solve both of them The issue can effectively play its role. In the future, multilateral trade negotiations should continue to insist on, strengthen and effectively implement the S & D model of “non-reciprocal obligations”.