Research On The Special And Differential Treatment Clauses Of RCE

With the effective implementation of the RCEP Agreement,the special and differential treatment provisions of the RCEP have become an important path for developing and least developed countries to participate in East Asian trade competition.The development process of special and differential treatment clauses from GATT,WTO,and RCEP agreements is relatively difficult.The RCEP special and differential treatment clauses inherit and enrich the WTO special and differential treatment clauses on the original basis,but the RCEP special and differential treatment clauses are more complete,flexible,and inclusive.The RCEP special and differential treatment clause plays a role in optimizing the RCEP dispute resolution mechanism,serving as a governance model for other regional trade agreements,enhancing the level of economic integration in East Asia,and maintaining substantive fairness.The special and differential treatment clauses in RCEP are mainly presented in specific forms such as increasing trade opportunities,safeguarding the interests of least developed member countries,excluding applicable clauses,transitional periods,and providing technical assistance.Unlike other agreements,the rights holders of the RCEP special and differential treatment clauses focus on the least developed member countries of Cambodia,Laos,and Myanmar.These clauses are scattered in the text of the RCEP agreement and are also included in emerging fields such as intellectual property,e-commerce,and competition.Both the WTO Agreement and the CPTPP Agreement stipulate special and differential treatment clauses,but through comparative analysis with the RCEP special and differential treatment clauses,it can be found that the special and differential treatment clauses are more likely to be implemented in the RCEP Agreement.The scope of application of RCEP special and differential treatment clauses is expanding,with diverse and specific forms of expression,but the rights subject is more precise.The RCEP special and differential treatment clause has unique advantages such as optimizing the RCEP dispute resolution mechanism,safeguarding the development rights of developing countries,serving as a governance model for other regional trade agreements,enhancing the level of economic integration in East Asia,and maintaining substantive fairness.At the same time,it also lacks sufficient consideration for the interests of least developed member countries,limited scope of application,vague legal provisions,and a lack of mandatory provisions The limited development capacity of the least developed countries and other issues still require efforts from multiple perspectives.Whether China is a member of the WTO or a contracting party to RCEP,it needs to maintain the integrity and legality of the special and differential treatment provisions.For China,the special and differential treatment provisions of RCEP have enlightening significance in protecting China’s vulnerable industries,promoting foreign aid work,and strengthening dialogue and exchange with RCEP members.