![]() The agreement of the parties regarding its interpretation any subsequent practice in the application of the treaty which establishes.any subsequent agreement between the parties regarding the interpretation of the treaty or the application of its provisions.There shall be taken into account, together with the context: With the conclusion of the treaty and accepted by the other partiesģ. any instrument which was made by one or more parties in connection.any agreement relating to the treaty which was made between all the parties in connection with the conclusion of the treaty.The context for the purpose of the interpretation of a treaty shall comprise, in addition to the text, including its preamble and annexes: General rule of interpretation back to topġ.Ě 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.Ģ. While the reference in Article 3.2 of the DSU does not refer directly to these Articles, the Appellate Body has ruled that they can serve as a point of reference for discerning the applicable customary rules 1.The three Articles read as follows: Article 31 Notably, Articles 31, 32 and 33 of the Vienna Convention on the Law of Treaties embody many of the customary rules of interpretation of public international law. While customary international law is normally unwritten, there is an international convention that has codified some of these customary rules of treaty interpretation. Accordingly, the DSU mandate to clarify WTO rules is without prejudice to the rights of Members to seek authoritative interpretations under Article IX:2 of the WTO Agreement ( Article 3.9 of the DSU).Īs regards the methods of interpretation, the DSU refers to the “customary rules of interpretation of public international law” ( Article 3.2 of the DSU). unlike interpretations by panels and the Appellate Body, which are applicable only to the parties and to the subject matter of a specific dispute. The “exclusive authority” of Article IX:2 of the WTO Agreement must therefore be understood as the possibility to adopt “authoritative” interpretations that are of general validity for all In addition, Article 17.6 of the DSU implicitly recognizes that panels may develop legal interpretations. The DSU, therefore, recognizes the need to clarify WTO rules and mandates that this clarification take place pursuant to customary rules of interpretation. However, the DSU expressly states that the dispute settlement system is intended to clarify the provisions of the WTO Agreement “in accordance with customary rules of interpretation of public international law” ( Article 3.2 of the DSU). One might think that such an interpretation cannot occur in (WTO) dispute settlement proceedings because Article IX:2 of the WTO Agreement provides that the Ministerial Conference and the General Council of the WTO have the “exclusive authority to adopt interpretations” of the WTO Agreement. The negotiators may thus understand a particular provision in different and opposing ways.įor those reasons, as in any legal setting, individual cases often require an interpretation of the pertinent provisions. The various participants in a negotiating process often reconcile their diverging positions by agreeing to a text that can be understood in more than one way so as to satisfy the demands of different domestic constituents. ![]() In addition, legal provisions in international agreements often lack clarity because they are compromise formulations resulting from multilateral negotiations. In most cases, the answer can be found only after interpreting the legal terms contained in the provision at issue. Whether the existence of a certain set of facts gives rise to a violation of a legal requirement contained in a particular provision is, therefore, a question that is not always easy to answer. Legal provisions are often drafted in general terms so as to be of general applicability and to cover a multitude of individual cases, not all of which can be specifically regulated. The precise scope of the rights and obligations contained in the WTO Agreement is not always evident from a mere reading of the legal texts. Of rights and obligations through interpretation
0 Comments
Leave a Reply. |
AuthorWrite something about yourself. No need to be fancy, just an overview. ArchivesCategories |