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英国论文网_世贸组织关于国际贸易英国交货协定解释-West law UK Delivery Summary

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Content Type: Westlaw UK
Title : Navigating by the stars: interpreting the
WTO Agreements
Delivery selection: Current Document
Number of documents delivered: 1
Sweet & Maxwell is part of Thomson Reuters. © 2010 Thomson Reuters (Legal)Limited
Journal of International Economic Law
Navigating by the stars: interpreting the WTO Agreements
Michael Lennard
Subject: International trade
Keywords: Dispute resolution; Interpretation; Treaties; World Trade Organisation
Legislation: Vienna Convention on the Law of Treaties 1969
The emergence of the World Trade Organization's more legally oriented dispute resolution systemhas brought with it a greater focus on the discipline of treaty interpretation than was necessary inGeneral Agreement on Tariffs and Trade (GATT) 1947 dispute settlement proceedings. We can nolonger understand how the various WTO agreements are likely to be interpreted by WTO institutionswithout taking our bearings on the relevant international law norms and principles of treatyinterpretation. Conversely, such an understanding allows more confident predictions about how futureissues would be resolved in WTO jurisprudence.On issues of treaty interpretation, developing WTO jurisprudence still has much in common with thefirst voyages of early navigators. Just as those explorers took their bearings by the stars, the WTOinstitutions must look for reliable reference points in the known legal cosmology. This paper seeks toidentify those points of reference for treaty interpretation marked out in WTO jurisprudence, to placethem in their proper international law constellations, and to chart the course of that jurisprudence andits likely landing point.
A. The basic rules of treaty interpretation
The WTO Panels and the Appellate Body rely on the treaty interpretation rules expressed in theVienna Convention on the Law of Treaties 1 (Vienna Convention) as the basic rules for interpretingWTO instruments. This is because those rules are generally regarded as a codification of the publicinternational law rules of treaty interpretation as a matter of general (or ‘customary’) international law.
They therefore represent the ‘customary rules *J.I.E.L. 18 of interpretation of public international law’which Article 3.2 of the WTO Understanding on Rules and Procedures Governing the Settlement of

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