Le principe du respect de la situation particulière des pays en développement et de l'assistance au développement
SUMMARY THE PRINCIPLE OF RESPECTING THE PARTICULAR SITUATION OF DEVELOPING COUNTRIES AND OF ASSISTING DEVELOPMENT The paper first examines to which extent the particular situation of developing countries has given rise to specific rules derogating in their favor from general principles of equal...
Shranjeno v:
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| Format: | Article ou chapitre numérique |
| Jezik: | Français |
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2003
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| Online dostop: | Accès Université d'Orléans et IFPM Accès Université d'Orléans et IFPM |
| Izvleček: | SUMMARY THE PRINCIPLE OF RESPECTING THE
PARTICULAR SITUATION OF DEVELOPING COUNTRIES
AND OF ASSISTING DEVELOPMENT
The paper first examines to which extent the particular situation of developing
countries has given rise to specific rules derogating in their favor from general
principles of equality and reciprocity in the area of international trade of goods and
services and technolgy transfer, such as the concept of preferential treatment
regarding customs and tariffs, the specific exceptions regarding protection of and
access to intellectual property, the particular rules on services, investment and
agricultural products etc. It then summarily reports on the existing principles of
development assistance regarding both private and public assistance, in particular
those prevailing in the EU-ACP Convention. In a second part the paper analyzes the
legal underpinnings of these specific rules and principles, criticizing in part their
conceptual form of exceptions and advocating their complementary nature by
reference to a formal principle of non-discrimination, since they represent legitimate
rules of differentiation according to existing differences. In that respect the author
also points to differences among developing countries,which have resulted in further
differentiation of treatment in particular areas. By way of conclusion the author
proposes to reconsider the concept of a New Economic Order as a way to overcome
the hypocritical method of carrying on exceptional rules which mirror a permanent
problem that can be overcome only by rules of adequate treatment. |
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