Download This PaperCustomary Rules of Interpretation in the Practice of WTO Dispute Settlement Bodies
The Practice of International and National Courts and (De)Fragmentation of International Law, A. Nollkaemper, O. K. Fauchald (eds.), Hart Publishing, London: 2012
21 Pages Posted: 6 Jan 2012 Last revised: 6 Nov 2012
Date Written: January 4, 2012
Abstract
The WTO dispute settlement bodies tend to follow the instructions of Articles 31-33 of the Vienna Convention on the Law of Treaties (VCLT). The customary rules that are embodied in these articles constitute a point of reference for both the panels and the Appellate Body in their interpretation of WTO provisions. This paper identifies a number of cases, however, where the dispute settlement bodies appear to deviate from the holistic approach promoted by the VCLT. In particular, these include instances of extensive reliance on text (to the exclusion of other elements such as context and purpose), application of a sequential interpretative approach, and limiting the relevance of non-WTO rules of international law in the process of interpretation. Against this background, the paper analyses the significance of such situations with regard to the fragmentation and/or unity of international law.
Keywords: WTO, interpretation, international law, fragmentation, VCLT, Vienna Convention
JEL Classification: K33
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