How Cultural Cognition Informs Differential Treatment in WTO Law and the Climate Regime.

The article examines the challenges posed by differential treatment—specifically "common but differentiated responsibilities" (CDR) in international climate law and "special and differential treatment" (SDT) in World Trade Organization (WTO) law—in addressing inequalities between developed and developing countries amid global crises like climate change. It argues that these concepts, originally designed to accommodate disparities in capacity and historical responsibility, have become obstacles to effective multilateral cooperation due to their rigid categorizations and failure to account for cognitive and cultural diversity among states. The article highlights how cognitive biases and differing cultural perceptions influence negotiation dynamics and the implementation of international agreements, suggesting that a more nuanced, flexible framework that integrates insights from cognitive science and respects psycho-cultural differences is essential for improving global governance. It concludes that overcoming these cognitive and institutional barriers is critical to enhancing cooperation on climate change, trade, and other global challenges.