Trade and Development: A Call for Regulatory Reform – Ensuring Fairness and Sustainability

Abstract This paper examines the persistent “development deficit” in the World Trade Organization (WTO) legal and institutional framework and proposes comprehensive reforms to align the multilateral trading system more closely with the developmental needs of developing countries. The paper argues that existing WTO rules constrain development-oriented policies while inadequately implementing the development-facilitation principles originally embedded in the General Agreement on Tariffs and Trade (GATT). To address this imbalance, the paper advocates a new Agreement on Development Facilitation (ADF), which would establish permanent and coherent special and differential treatment mechanisms, including Development-Facilitation Tariffs (DFT) and Development-Facilitation Subsidies (DFS), while reforming WTO disciplines relating to anti-dumping measures, investment measures, and intellectual property rights. The paper further advocates institutional reform through the creation of a WTO Council for Trade and Development to elevate development concerns to the highest decision-making level within the organization. It also examines implementation challenges, particularly the need for objective criteria for determining developing-country status. The paper concludes that meaningful regulatory and institutional reform is necessary both to restore fairness and sustainability to the multilateral trading system and to preserve the long-term legitimacy and effectiveness of the WTO.