Commerce, Women Entrepreneurs and Recovery | Zenodo Skip to main Communities My dashboard Log in Sign up Published April 14, 2026 | Version v1 Journal article Open Commerce, Women Entrepreneurs and Recovery Authors/Creators Dr Didier François Diégane DIOP 1 Show affiliations 1.
Public Law Department, Cheikh Anta DIOP University, Senegal Description The detailed examination of such a subject will be carried out on the basis of a fundamental problem, which will thus serve as a guideline in the presentation of the ideas which should underlie the approach. In this case, we are talking about the question of trade serving the inclusion and entrepreneurship of women in order to better promote their emancipation. In other words, how do trade standards or rules, through an inclusive and non-exclusivist policy, work to better take into account the role and integration of women in the Multilateral Trading System? Thus the problem of method is at the heart of any scientific work as it is true that the method sheds light on the hypotheses and determines the conclusions, our approach will be ordered with a few exceptions around the use of the analytical and exegetical but also comparative method. It is understood as the analysis, interpretation and explanation of the rules of law, particularly those contained in the various legal texts of the GATT and the WTO. As for the expected results, firstly, like the GSP, special preferences annihilate the MFN clause. If this questioning is justified in the “bananas” jurisprudence by the dismantling of both the Community development cooperation policy and special preferences, it is not justified by the enabling clause. Indeed, know the Lomé convention weighed a sword of Damocles which made the status quo fragile. Long immune to any challenge, Lomé's trade regime was shaken in the early 1990s. Its gradual questioning opened the way to a plethora of litigation which continues to this day. The contentious inflation caused by the “banana” regime revealed the ineffectiveness of a defunct dispute settlement system which pushed the Contracting Parties to strengthen the power of sanction through the creation of an integrated judicial body. As a result, WTO jurisprudence had to deal with a symbolic case which legally established the dismantling of specific preferences. It's the Banana affair. But the preferences were able to be maintained for a transitional period until December 2007, thanks to a waiver granted at the WTO Ministerial Conference in Doha. Indeed, the significance of the Banana affair is considerable for the ACP countries. After a long period of tolerance of special preferences incompatible with the principle of non-discrimination within the framework of the GATT, the WTO recognized their illegality and thus opened a period of renewal of the MFN clause. Then, at the level of special preferences, this dissonance was especially marked in the Lomé Conventions, by an asymmetric system of positive discrimination of the ACP in trade preferences and by a transition regime derogating from the principles of multilateralism and the original trade instruments. The latter takes into account the legal debate for a normalization of EU-WTO relations, namely the conflicts arbitrated by the WTO and the commercial policy according to the Cotonou Agreement, that is to say the exception to normalization. The era of the new WTO will be that of calling into question discriminatory special preferences. Some developing countries rightly do not condone other countries in the same category benefiting from preferential trade arrangements that contradict multilateral trade rules. This is the beginning of the dismantling of special preferences. The European preferential offer has known two eras and two different regimes. If the Yaoundé conventions were symmetrical and based on reciprocity, the Lomé conventions were asymmetrical and implied non-reciprocal trade preferences, discriminatory and contrary to GATT, although tolerated. The observation of the illegality of trade preferences arising from the Lomé conventions placed the European communities before an alternative: maintain the preferences and therefore non-reciprocity Files 10.pdf Files (340.3 kB) Name Size Download all 10.pdf md5:7569e30c67a9b92eae01188f486131c6 340.3 kB Preview Download 116 Views 100 Downloads Show more details All versions This version Views Total views 116 116 Downloads Total downloads 100 100 Data volume Total data volume 35.4 MB 35.4 MB More info on how stats are collected.... Versions External resources Indexed in OpenAIRE Communities Keywords and subjects Keywords Special Preferences, MFN Clause, GATT, WTO Details DOI DOI Badge DOI 10.5281/zenodo.19590926 Markdown [](https://doi.org/10.5281/zenodo.19590926) reStructuredText .. image:: https://zenodo.org/badge/DOI/10.5281/zenodo.19590926.svg :target: https://doi.org/10.5281/zenodo.19590926 HTML <a href="https://doi.org/10.5281/zenodo.19590926"><img src="https://zenodo.org/badge/DOI/10.5281/zenodo.19590926.svg" alt="DOI"></a> Image URL https://zenodo.org/badge/DOI/10.5281/zenodo.19590926.svg Target URL https://doi.org/10.5281/zenodo.19590926 Resource type Journal article Publisher Innovative Research Journal of Sociology and Humanities Published in Innovative Research Journal of Sociology and Humanities, 03(04), 290 - 308, ISSN: 3050-6875, 2026. Languages Old English (ca. 450-1100) Rights License Creative Commons Attribution 4.0 International The Creative Commons Attribution license allows re-distribution and re-use of a licensed work on the condition that the creator is appropriately credited. Read more Citation Export Technical metadata Created April 15, 2026 Modified April 15, 2026 Jump up About About Policies Infrastructure Principles Projects Roadmap Contact Blog Blog Support Help FAQ Developers REST API OAI-PMH Contribute GitHub Donate Funded by Powered by CERN Data Centre & InvenioRDM Status Privacy policy Cookie policy Terms of Use This site uses cookies. Find out more on how we use cookies Accept all cookies Accept only essential cookies