The Theory Base Of S&D In WTO

S＆D of WTO,as an integral part of WTO,is an important principal from the establishment of GATT/WTO.It can help developing countries,includes the least developed countries participate this multilateral trade system more efficient.The provision of WTO purpose"...need for positive efforts designed to ensure that developing countries and especially the least developed among them.Secure a share in the growth in intentional trade commensurate with the needs of their economic development..."settled the basic status of S＆D in WTO directly.However,the authority of S＆D is weakening with the slacking of union among developing countries.Additionally,some of developed countries claim that S＆D is the exception of WTO and must be canceled gradually.Due to the importance role of S＆D for developing countries and the least developed countries to participating efficiently into WTO,this paper devoted to demonstrating legitimacy of S＆D.S＆D is origin from higher basic principal of International Law and the specific expression of principle of "cooperation-develop" and " fairness-mutually beneficial".The article is composed of three parts.The first part expounds the basic definition and the implementation of S＆D, introduces new trend of S＆D,points out the differences of understanding of S＆D between developing countries and developed countries,clarifies that S＆D is the specific expression of principle of "cooperation-develop" and " fairness-mutually beneficial".The second part focuses on the principle of "cooperation-develop",analyzes the meaning,content and core of the principle of "cooperation-develop",points out that the principle of "cooperation-develop" is the basic principle of WTO.As specific expression of the principle of "cooperation-develop",S＆D repairs defect of the principle of "cooperation-develop" in WTO. The third part starts from the principle of "fairness-mutually beneficial",deals to analyze the meaning,content and core of the principle of "fairness-mutually beneficial",points out that the principle of "fairness-mutually beneficial" is the basic principle of WTO.S＆D,brought out of the need of developing countries,is milestone of struggling for new international economic system.As specific expression of the principle of "cooperation-develop",S＆D must be the basic principle of WTO,which must be held on through out the active of WTO.