Reciprocation and Redistribution: The Emergence of the Trade-Development Fault Line in the Contemporary WTO
Abstract:
This Article argues that: 1) trade and development reflect different mindsets and policy implications; 2) both are deeply embedded in the legal past of the World Trade Organization (WTO); and 3) tensions between them jeopardize the WTO’s policymaking future. At the argument’s core is the contrast between “reciprocation” and “redistribution.” Trade is associated with reciprocation (bargaining and two-way concessions), while development is associated with redistribution (assistance and one- way concessions). The WTO’s predecessor—the General Agreement on Tariffs and Trade (GATT)—initially insisted on reciprocation but relaxed that insistence over time, eventually merging with redistribution-related elements of the defunct Havana Charter to form the Marrakesh Agreement that established the WTO. Consequently, tensions between reciprocation and redistribution now impede the WTO’s ability to make and enforce policies. The Article is novel in its juxtaposition of reciprocation and redistribution, demonstration of the Havana Charter’s legacy, exposure of deep disagreement about the WTO’s purpose, and recognition that recent gridlock may have a profound cause.
Recommended Citation: Tana Johnson, Reciprocation and Redistribution: The Emergence of the Trade-Development Fault Line in the Contemporary WTO, 48 Fordham Int'l L.J. 577 (2025).