Special and Differential Treatment of LDC Parties in RCEP's Dispute Settlement Mechanism: Mere Words or Effective Safeguards?

The piece examines Article 19.18 of the Regional Comprehensive Economic Partnership (RCEP), which provides for special and differential treatment of its three least developed country (LDC) parties in dispute settlement.

It argues that a panel’s duty to take such provisions into account need not favour the LDC party: ‘There is a wide gap between actually giving effects to S&DT provisions and merely taking them into account.’

On the observation that the provision inhibits complaining parties rather than safeguarding LDC parties, it writes: ‘This may very well be true. Only time; and possibly the RCEP negotiators, know the true meaning and effect (or intended effect) of the S&DT provisions relating to LDC parties in the RCEP’s dispute settlement mechanism.’