Treaty Interpretation by the WTO Appellate Body
Author: Isabelle Van Damme
Publisher:
Published: 2007
Total Pages:
ISBN-13:
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Treaty Interpretation by the WTO Appellate Body
Author: Isabelle Van Damme
Publisher:
Published: 2009
Total Pages: 487
ISBN-13: 0199562237
DOWNLOAD EBOOKThis book analyzes how the Appellate Body uses particular principles of general international law in interpreting the WTO covered agreements. It deals equally with general international law and WTO law. The aim is to explain how the Appellate Body interprets and applies customary international law on treaty interpretation in dealing with the WTO covered agreements. The main concern is to analyze the judicial reasoning and ways of justifying judicial decision-making. In particular, it answers the question of how the Appellate Body explains its reading of WTO treaty language. It is argued that the Appellate Body has interpreted the WTO covered agreements in a contextual and effective manner, an approach that corresponds with general international law. The character of the WTO covered agreements has, nevertheless, confronted the Appellate Body with some questions of interpretation that were until recently unexplored or neglected by other courts and tribunals. In that sense, the Appellate Body has contributed to the development of general international law on treaty interpretation, or at least to its practice. WTO law is primarily treaty law, but increasingly soft law and broader themes and values from other disciplines, such as governance, variable geometry and legitimacy, are introduced and discussed. Customary international law - with the exception of the principles of treaty interpretation - and general principles of law are often seen as excluded entirely. An ancillary theme of this proposed monograph is the extent to which customary international law and general principles of law have penetrated WTO law through the technique of treaty interpretation.
Treaty Interpretation and the WTO Appellate Body Report in Us - Gambling
Author: Federico Ortino
Publisher:
Published: 2013
Total Pages:
ISBN-13:
DOWNLOAD EBOOK`Before the game begins players should agree on a dictionary to use in case of a challenge.` (from the Official Rules of SCRABBLEreg;)Treaty interpretation in WTO law continues to represent a topic of highly theoretical and practical importance. The Panel`s and the Appellate Body`s reports in the recent US - Gambling dispute have critically turned on ascertaining the meaning of the United States` GATS Schedule and Article XVI GATS on the basis of the public international law rules of treaty interpretation as codified in the Vienna Convention on the Law of Treaties. The paper`s principal aim is to review the interpretative approach followed in particular by the Appellate Body in reaching its decision in US - Gambling. Its main argument is that, although the Appellate Body appears to be trying to emancipate itself from a rigorous textual approach, it has not yet embraced a holistic approach to treaty interpretation, one in which the treaty interpreter looks thoroughly at all the relevant elements of the general rule on treaty interpretation pursuant to Article 31(1) of the Vienna Convention.
Treaty Interpretation and the Vienna Convention on the Law of Treaties: 30 Years on
Author: Malgosia Fitzmaurice
Publisher: BRILL
Published: 2010-05-31
Total Pages: 396
ISBN-13: 9004182934
DOWNLOAD EBOOKInterpretation has always been a cornerstone of international adjudication. This book offers a comprehensive analysis, both on a theoretical and a practical level, of where the principles of interpretation enshrined in Articles 31-33 of the VCLT currently stand.
Interpreting WTO Agreements
Author: Asif H. Qureshi
Publisher: Cambridge University Press
Published: 2006-12-07
Total Pages: 249
ISBN-13: 113945983X
DOWNLOAD EBOOKThis book was first published in 2006. The case law of the World Trade Organization is now extensive, running into over one hundred cases and thousands of pages. The interpretative process involved in this jurisprudence constitutes a form of legislative activity, and is therefore of great significance not only to the parties to disputes, but to the membership of the WTO. Qureshi sets out here to identify some of the underlying problems of interpreting WTO agreements, within the context of different issues, problems, objectives and disciplines, and to comprehensively examine the underlying conditions for the interpretation of WTO agreements. He focuses on: the apparatus of interpretation in the WTO; the manner of interpreting institutional norms, national measures, and exceptions; the manner of facilitating the development objective; the manner of reconciling conflicting norms through interpretation; and finally the manner of interpreting the trade remedies agreements. Various perspectives on interpretation are proffered, particularly that of justice and development.
Patterns of Treaty Interpretation as Anti-Fragmentation Tools
Author: Liliana E. Popa
Publisher: Springer
Published: 2017-12-29
Total Pages: 409
ISBN-13: 3319654888
DOWNLOAD EBOOKThis book investigates whether treaty interpretation at the ECtHR and WTO, which are sometimes perceived as promoting ‘self-contained’ regimes, could constitute a means for unifying international law, or, conversely, might exacerbate the fragmentation of international law. In this regard, the practice of the ICJ on treaty interpretation is used for comparison, since the ICJ has made the greatest contribution to the development and clarification of international law rules and principles. Providing a critical analysis of cases at the ICJ, ECtHR and WTO, both prior to and since the adoption of the 1969 Vienna Convention on the Law of Treaties, the book reveals how the ECtHR and WTO apply the general rules of treaty interpretation in patterns which are similar to those used by the ICJ to address difficulties in interpreting the text of treaties. Viewed in the light of the ECtHR’s and WTO’s interpretative practices, both the VCLT’s general rules of interpretation and the ICJ’s interpretative practice serve to counteract the fragmentation of international law.
The Law of Treaties Beyond the Vienna Convention
Author: Mahnoush H. Arsanjani
Publisher: American Chemical Society
Published: 2011-02-17
Total Pages: 498
ISBN-13: 0199588910
DOWNLOAD EBOOKThis book offers a comprehensive analysis of the law of treaties based on the interplay between the 1969 Vienna Convention on the Law of Treaties and customary international law. Written by a team of renowned international lawyers, it offers new insight into the basic concepts and methodology of the law of treaties and its problems.
Contemporary International Law and China’s Peaceful Development
Author: Lingliang Zeng
Publisher: Springer Nature
Published: 2020-10-30
Total Pages: 664
ISBN-13: 9811586578
DOWNLOAD EBOOKThis book discusses selected frontier and hot theoretical and practical issues of international law in the 21st century and in the process of China's peaceful development strategy, such as interactions between harmonious world, international law and China s peaceful development; close connections of China rule of law with international rule of law; issues of international law resulted from the war of Former Yugoslavia, establishment of ICC, DPRK nuclear test, Iraq War, Independence of Crimea; features of WTO rule of law and its challenges as well as legal and practical disputes between China and other members in the WTO; recent tendency of regional trade agreements and characteristics of Chinese practices in this aspect; legal issues in relations between China and the European Union with a view of the framework of China–EU Comprehensive Strategic Partnership.
Interpretation in International Law
Author: Andrea Bianchi
Publisher: OUP Oxford
Published: 2015-02-26
Total Pages: 433
ISBN-13: 0191038695
DOWNLOAD EBOOKInternational lawyers have long recognised the importance of interpretation to their academic discipline and professional practice. As new insights on interpretation abound in other fields, international law and international lawyers have largely remained wedded to a rule-based approach, focusing almost exclusively on the Vienna Convention on the Law of Treaties. Such an approach neglects interpretation as a distinct and broader field of theoretical inquiry. Interpretation in International Law brings international legal scholars together to engage in sustained reflection on the theme of interpretation. The book is creatively structured around the metaphor of the game, which captures and illuminates the constituent elements of an act of interpretation. The object of the game of interpretation is to persuade the audience that one's interpretation of the law is correct. The rules of play are known and complied with by the players, even though much is left to their skills and strategies. There is also a meta-discourse about the game of interpretation - 'playing the game of game-playing' - which involves consideration of the nature of the game, its underlying stakes, and who gets to decide by what rules one should play. Through a series of diverse contributions, Interpretation in International Law reveals interpretation as an inescapable feature of all areas of international law. It will be of interest and utility to all international lawyers whose work touches upon theoretical or practical aspects of interpretation.
Treaty Interpretation Under the Vienna Convention on the Law of Treaties
Author: Chang-fa Lo
Publisher: Springer
Published: 2017-10-31
Total Pages: 368
ISBN-13: 9811068666
DOWNLOAD EBOOKThis book is devoted to an idea of a second round of codification of certain new rules for treaty interpretation. Currently, treaty interpretation is guided by Articles 31 through 33 of the Vienna Convention on the Law of Treaties (VCLT). The fundamental rule is that a treaty shall be interpreted in good faith in accordance with the ordinary meaning to be given to the terms of the treaty in their context and in the light of its object and purpose. These rules lay the foundation for treaty interpretation. They represent the first round of codification of the contents of some previous customary international law rules. The book argues that the current rules are overly simplified. After almost fifty years of codification of the VCLT, the codified text in it is practically insufficient in addressing some traditional treaty interpretation issues (such as the interpretation involving time factors or technology development) and in coping with some new development of international law (such as the diversification and fragmentation of international treaties) and new challenges (such as the need of coordination between different treaties and the need of introducing external values, including human rights, into a treaty through treaty interpretation process). The book further argues that there is a need to have a second round of codification so as to incorporate new rules into the VCLT to be followed by treaty interpreters to make treaty interpretation more consistent and transparent, and more in line with the shared value of international community. The book proposes the contents of certain new rules to be considered as the new codified rules for treaty interpretation.
