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Journal of International Economic Law Advance Access first published online on April 24, 2007
This version published online on May 16, 2007
Journal of International Economic Law, doi:10.1093/jiel/jgm009
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© Oxford University Press 2007, all rights reserved

The EU–ACP Economic Partnership Agreements and the ‘Development Question’: Constraints and Opportunities Posed by Article XXIV and Special and Differential Treatment Provisions of the WTO

Cosmas Milton Obote Ochieng*

Correspondence: *Research Fellow, International Food Policy Research Institute (IFPRI), Washington DC, USA and Addis Ababa, Ethiopia. Email: c.ochieng{at}cgiar.org.


  Abstract

This article argues that Article XXIV and special and differential treatment (SDT) provisions of the WTO present a number of constraints and opportunities to the design and scope of the proposed economic partnership agreements between the European Union (EU) and African, Caribbean and Pacific (ACP) countries. It examines the negotiating positions of both sides to argue that were the EU's position to prevail, ACP and other developing countries would likely suffer an ‘erosion of the development principles’ embedded within the WTO. It is shown that the differences between the two groups over the desirability and/or applicability of negotiating free trade agreements between developed and developing countries under the ‘strict’ jurisdiction of Article XXIV, and of negotiating agreements on services and the ‘Singapore Issues’, amount to a contestation over the principles of reciprocity and SDT within the WTO, and of the scope of the WTO.

The author is indebted to Hanna Wossenyeleh for her research assistance.


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