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Wto Law and Other Rules of International Law

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Chapter Summary

This chapter argues that the customary rules of interpretation of public international law obligate the World Trade Organization (WTO) to consider the wider body of general international law in interpreting its own rules. It analyzes the key rules of the Vienna Convention on the Law of Treaties as they have been applied in WTO jurisprudence. One of the approaches taken by the Appellate Body has been to first examine the context of the provision in which the language is expressed, then proceed to examine the context of the particular agreement in which the provision is found and lastly to examine the context of the Uruguay Round Agreements as a whole. The chapter also argues in favor of a flexible and evolutionary approach to interpreting General Agreement on Tariffs and Trade (GATT) Article XX. It analyses the effect of non-WTO rules on WTO law and the rules regarding conflicts between treaties.

Keywords: Appellate Body; GATT; public international law; Vienna Convention; World Trade Organization (WTO) law



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