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The Appellate Body And Treaty Interpretation

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Chapter Summary

The participants in this final roundtable - Judge Gilbert Guillaume of the International Court of Justice, Judge Paolo Mengozzi of the European Court of Justice, Court of First Instance, Judge Allan Rosas of the European Court of Justice, Judge Tullio Treves of the International Tribunal for the Law of the Sea, and myself - are invited to partake in a Brechtian play, to exercise "distanciation": each actor, while playing his role, sheds a critical look at the persona he is incarnating, as if he were evaluating its behaviour and commenting on its predicament from the outside. The actors here are international judges, and they are invited to reflect, at arms length, on the role they are playing on their diverse benches with respect to treaty interpretation. Turning to the methodology of interpretation followed by the Appellate Body, it should be recalled that the original GATT 1947 says nothing about interpretation.

Keywords: Appellate body; treaty interpretation; Vienna Convention



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