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The Potential And Limitations Of Interpretation In WTO Law

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Chapter Summary

This chapter deals with the methodological foundations relating to the interpretation of non-economic justification provisions. It discusses additional principles of treaty interpretation which played a certain role in the dispute settlement practice of the World Trade Organization (WTO). The chapter presents the legal relationship between public international law and WTO law from a general perspective, focusing primarily on the question how other norms of public international law can be taken into account in the interpretation and application of WTO law. It also discusses the different methods of interpretation applicable in WTO law. These methods are essentially based on Articles 31 and 32 of the Vienna Convention on the Law of Treaties (VCLT). The chapter examines the impact of the different methods of interpretation in WTO law, focussing in particular on their relevance for the interpretation of the open-textured non-economic justification provisions. It deals with two issues (subsequent agreements and practice).

Keywords: interpretation; public international law; VCLT; World Trade Organization (WTO)law



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