Interpreting WTO Agreements
Subtitle: Problems and Perspectives
Publisher: Cambridge University Press
Published: December 25, 2006
Language: eng
Format: Hardcover
Number of pages: 248
ISBN-13: 9780521844758
Subjects: International economic & trade law; Legal Writing; Law; Legal Reference / Law Profession; General; Law / General; Commercial treaties; Foreign trade regulation; Interpretation and construction; Law and legislation; Tariff
Description: "The jurisprudence of the World Trade Organization (WTO) is replete with references to Articles 31-2 of the Vienna Convention (VC) on the Law of Treaties. This gospel for interpretation is often the starting-point of judgments in the WTO. Its use in the WTO became established with the Appellate Body (AB) decision in the US-Gasoline case wherein it was pointed out that the general rule of interpretation set out in Article 31 of the VC had attained the status of a rule of customary or general international law. As such, it forms part of the 'customary rules of interpretation of public international law' which the Appellate Body has been directed, by Article 3(2) of the DSU [Understanding on Rules and Procedures Governing the Settlement of Disputes], to apply in seeking to clarify the provisions of the General Agreement and the other 'covered agreements' of the Marrakesh Agreement Establishing the World Trade Organization .... That direction reflects a measure of recognition that the General Agreement is not to be read in clinical isolation from public international law. (Footnotes omitted) This statement is often religiously cited in other WTO cases"--