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The Charter of Economic Rights and Duties of States: Articles 20 to 34

Chapter One Hundred Thirteen

Syllabus topic 4, "New International Economic Order"

Pages 491 to 495 of 594

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Articles 20 to 28 deal with trade among developing countries, resource flows, the least developed, land-locked and island States, invisible trade and adjustment of the terms of trade, Chapter III declares the deep sea-bed the common heritage of mankind and makes environmental protection a responsibility of all States, and Chapter IV contains a prohibition of economic coercion and a five-yearly review.

Articles 20 to 28: trade and resources

Article 20: developing countries should give attention to expanding trade with socialist countries, granting them conditions not inferior to those granted normally to the developed market economy countries.

An artefact of 1974, and it shows that the socialist States' support for the programme was purchased in part with market access.

Article 21: developing countries should promote their mutual trade and may grant trade preferences to other developing countries without being obliged to extend such preferences to developed countries, provided the arrangements do not impede general trade liberalisation.

This is South-South preferences, and it was conceded, because it costs the industrialised States nothing directly. It is now reflected in the enabling clause of 1979.

Article 22: all States should promote increased net flows of real resources to the developing countries from all sources, endeavour to increase the net amount of financial flows from official sources and improve their terms and conditions, and the flow should include economic and technical assistance.

"Should endeavour" is the weakest formula in the instrument, attached to the demand for money.

Article 23: developing countries should strengthen economic co-operation and mutual trade, with support from all countries, especially developed ones.

Article 24: all States have the duty to conduct their mutual economic relations in a manner which takes into account the interests of other countries, and in particular should avoid prejudicing the interests of developing countries.

Article 25: the international community, especially its developed members, SHALL pay special attention to the particular needs and problems of the least developed among the developing countries, of land-locked developing countries and also island developing countries.

Note "shall" in article 25. The Charter uses its strongest verb for the weakest States, which is a real feature and worth crediting.

Article 26: the duty to coexist in tolerance and live together in peace, irrespective of differences in political, economic, social and cultural systems, and to facilitate trade between States with different systems; international trade should be conducted without prejudice to generalized non-discriminatory and non-reciprocal preferences in favour of developing countries, on the basis of mutual advantage, equitable benefits and the exchange of most-favoured-nation treatment.

Article 26 reconciles preferences with the most-favoured-nation rule in a single sentence, which is what the enabling clause later did legally.

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