The Controversy of Determining a Developing Country under Safeguard Agreement


Free trade is an issue that has gained strength in today’s global society. Various multilateral treaties, regional and bilateral governing the suppression of trade barriers more. WTO as a central rule and is the main legal source of free trade has been running for more than a decade. Since the establishment of the WTO.

Based in Geneva, the WTO replaces check the previous international organization known as the General Agreement on Tariffs and Trade (GATT). GATT formed in 1948 it consisted of 23 countries who agreed to form a cooperation to reduce customs tariffs. The WTO has have a wider regulatory scope than on GATT. The GATT only regulates about trade in the goods sector while The WTO also covers trade in services and other issues including intellectual property rights lacteal. About two thirds of member countries WTO, is a developing country.

The developing countries play an important role in the WTO given its large number. The role of developing countries is also seen to be increasingly active. This is based on the awareness of the importance of trade as a vital tool in the development of the country. Developing countries are a very diverse group and have different problems.

The provision of specialty for the developing country can show on many agreements under the World Trade Organization (WTO). A developing country does not confirm their existences under the WTO. Since the WTO was established, the controversy of determining a developing country always upheld on it.

The one of specialty of a developing country is the exclusion of safeguard measures. This is what those WTO members need it. Article 9.1 of Safeguard Agreement mentioned it. The forms part of the special and differential treatment provisions of the Safeguard Agreement for the benefit of developing countries.

It is usually referred to as the de minimis rule in the application of a safeguard measure under safeguard agreement. The WTO does not clearly define what is meant by a developing country. This issue has created a polemic in each of its member countries. This paper discusses how each WTO member country determines which developing countries are excluded from the imposition of safeguards.