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23 J. Int'l Trade L. & Pol'y 1 (2024)

handle is hein.journals/jitlp23 and id is 1 raw text is: The current issue and full text archive of this journal is available on Emerald Insight at: https://www.emerald.com/insight/1477-0024.htm Developing country status in the WTO: investigating self-designation and perpetuation of the pretend culture Deannie Yi Ping Yap Leiden University, Leiden, The Netherlands Abstract Purpose - This paper aims to investigate whether the practice of self-designation of developing country status in the World Trade Organization (WTO) risks irrelevance of the institution, having regard to legitimacy concerns and evolving trade policy considerations. Design/methodology/approach - The methodology of this paper involves the application of critical analysis to assess the utility of regime overhaul vis-a-vis a detailed recalibration of the status quo; included in this are key examinations of whether the introduction of a definitive classification criteria will alleviate present challenges as well as critiques of alternative target-specific schemes. Findings - This paper suggests that an ideal approach to the controversies surrounding self-designation steers away from pure income-based indicators to arrive at targeted special and differentiated treatment allocation. Such a framework anchors itself on principles of nuanced differentiation that support depoliticization and facilitate capacity building in developing countries. Originality/value - To the best of the author's knowledge, this paper represents an original evaluation of the possible reforms available to the WTO concerning the present status and functionality of the mechanism underpinning the practice of self-designation of developing country status. Keywords The World Trade Organization, WTO, Developing countries, Developed countries, Developing country status, Self-designation, GATT, Special and differential treatment, SDT, Preferential treatment Paper type Research paper 1. Developing country status in the World Trade Organization Eligibility to qualify for developing country status under the World Trade Organization (WTO) has thus far been a misnomer, because self-designation of the same has been a long- standing practice with recognized legitimacy under the GATT 1947 [1] and as a customary practice pursuant to Article XVI:1 of the Marrakesh Agreement [2]. As espoused in the Marrakesh Agreement, it remains a primary goal of the WTO to raise standards of living and facilitate the trade of goods and services in a manner consistent with its members' different levels of economic development [2]. The principle that developing countries, by reason of their development status, require more favourable trade rules has therefore been accepted and enshrined in the WTO as special and differential treatment (hereinafter, SDT) (Vlichalopoulos, 2008, p. 109). In this connection, the presumption is that developing members must intrinsically be disadvantaged in international trade - be it due The author would like to express my sincere thanks to the editor and reviewers for their insightful feedback and comments Developing country status in the WTO Received 6January 2023 Revised 14 July 2023 8 September 2023 Accepted 9 September 2023 Journal of International Trade Law and Policy Vol. 23 No. 1, 2024 pp. 1-13 İEmemld Publishing Li-td 1477-0024 DOI 10.1108/JITLP-01-2023-0IX03