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Interpreting WTO agreements : problems and perspectives / Asif H. Qureshi.

By: Material type: TextTextPublisher: New York : Cambridge University Press, 2015Edition: Second editionDescription: 1 online resourceContent type:
  • text
Media type:
  • computer
Carrier type:
  • online resource
ISBN:
  • 9781107337992
  • 1107337992
  • 9781316247662
  • 131624766X
Subject(s): Genre/Form: Additional physical formats: Print version:: Interpreting WTO agreements.DDC classification:
  • 382/.92 23
LOC classification:
  • K4610 .Q87 2015eb
Other classification:
  • LAW014010
Online resources:
Contents:
Interpreting principles of treaty interpretation in the WTO -- Interpreting institutional aspects of the WTO agreements -- The national dimension to interpretation in the framework of the WTO -- Interpreting exceptions in the WTO agreements -- Interpreting the WTO agreements for the development objective -- "Interpreting" in external concerns -- Interpreting the agreements on trade remedies -- Interpreting the relationship between WTO and preferential trade arrangements in the interpretative process.
Summary: "The jurisprudence of the World Trade Organization (WTO) is replete with references to Articles 31-2 of the Vienna Convention (VC) on the Law of Treaties. This gospel for interpretation is often the starting-point of judgments in the WTO. Its use in the WTO became established with the Appellate Body (AB) decision in the US-Gasoline case wherein it was pointed out that the general rule of interpretation set out in Article 31 of the VC had attained the status of a rule of customary or general international law. As such, it forms part of the 'customary rules of interpretation of public international law' which the Appellate Body has been directed, by Article 3(2) of the DSU [Understanding on Rules and Procedures Governing the Settlement of Disputes], to apply in seeking to clarify the provisions of the General Agreement and the other 'covered agreements' of the Marrakesh Agreement Establishing the World Trade Organization ... That direction reflects a measure of recognition that the General Agreement is not to be read in clinical isolation from public international law. (Footnotes omitted) This statement is often religiously cited in other WTO cases"-- Provided by publisher
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"The jurisprudence of the World Trade Organization (WTO) is replete with references to Articles 31-2 of the Vienna Convention (VC) on the Law of Treaties. This gospel for interpretation is often the starting-point of judgments in the WTO. Its use in the WTO became established with the Appellate Body (AB) decision in the US-Gasoline case wherein it was pointed out that the general rule of interpretation set out in Article 31 of the VC had attained the status of a rule of customary or general international law. As such, it forms part of the 'customary rules of interpretation of public international law' which the Appellate Body has been directed, by Article 3(2) of the DSU [Understanding on Rules and Procedures Governing the Settlement of Disputes], to apply in seeking to clarify the provisions of the General Agreement and the other 'covered agreements' of the Marrakesh Agreement Establishing the World Trade Organization ... That direction reflects a measure of recognition that the General Agreement is not to be read in clinical isolation from public international law. (Footnotes omitted) This statement is often religiously cited in other WTO cases"-- Provided by publisher

Print version record.

Interpreting principles of treaty interpretation in the WTO -- Interpreting institutional aspects of the WTO agreements -- The national dimension to interpretation in the framework of the WTO -- Interpreting exceptions in the WTO agreements -- Interpreting the WTO agreements for the development objective -- "Interpreting" in external concerns -- Interpreting the agreements on trade remedies -- Interpreting the relationship between WTO and preferential trade arrangements in the interpretative process.

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