Last edited by Tegis
Friday, August 14, 2020 | History

2 edition of Treaty interpretation by the WTO Appellate Body found in the catalog.

Treaty interpretation by the WTO Appellate Body

Isabelle Van Damme

Treaty interpretation by the WTO Appellate Body

by Isabelle Van Damme

  • 374 Want to read
  • 36 Currently reading

Published by Oxford University Press in Oxford, New York .
Written in English

    Subjects:
  • World Trade Organization. -- Appellate Body,
  • Dispute resolution (Law),
  • Treaties -- Interpretation and construction,
  • Foreign trade regulation

  • Edition Notes

    Includes bibliographical references (p. [387]-412) and index.

    StatementIsabelle Van Damme.
    SeriesInternational economic law series, International economic law series (Oxford, England)
    Classifications
    LC ClassificationsK4610 .D36 2009
    The Physical Object
    Paginationlxvi, 419 p. ;
    Number of Pages419
    ID Numbers
    Open LibraryOL23943965M
    ISBN 100199562237
    ISBN 109780199562237
    LC Control Number2009021773

      Treaty Interpretation by the WTO Appellate Body by Isabelle Van Damme. ISBN: Publication Date: This book analyses 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. List of Cited WTO Panel and Appellate Body Reports, Initiated WTO Disputes, and their Common Abbreviations Treaty Interpretation by the WTO Appellate Body Publisher: Oxford University Press. Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely.

      For example, with regard to the Appellate Body’s repeated breach of Article of the DSU, we noted that while some WTO Members raised concerns about the Appellate Body’s exceeding 90 days, particularly without consulting the parties, a few . The key thread is the function of treaty interpretation in the development of the judicial function in the WTO. From the outset, the Appellate Body made the conscious choice to function as if it were a court. This exercise of the judicial function relates to the tasks and powers of the international judge and transcends the mere mandate and.

    The Illusion of ‘Evolutionary Interpretation’ in WTO Dispute Settlement Graham Cook Prospective Linguistics and Trade: The Art of the Deal Clément Marquet B. Evolutionary Interpretation in Practice The Evolutionary Treaty Interpretation by the WTO Appellate Body Sondre Torp Helmersen 5 - Rules Governing Treaty Interpretation and the Elements against Which the TRIPS Agreement Should Be Interpreted from Part II - Interpreting the TRIPS Agreement for .


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Treaty interpretation by the WTO Appellate Body by Isabelle Van Damme Download PDF EPUB FB2

The paper main argument is as follows: While 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 is looking thoroughly at all the relevant elements of the general rule on treaty interpretation as Cited by: The WTO dispute settlement system is unusually strong but not necessarily unique.

How the Appellate Body reads Treaty interpretation by the WTO Appellate Body book WTO covered agreements is not a matter of WTO law, it is a technique of general international law. The Appellate Body comes to interpretation from within its function in the WTO institution as a juridical body.

This book explains how the Appellate Body approaches the Author: Isabelle Van Damme. Treaty Interpretation by the WTO Appellate Body by Isabelle Van Damme,available at Book Depository with free delivery worldwide.5/5(1). Treaty interpretation by the WTO Appellate Body, and, in fact, by any court or tribunal, can never be reduced to a mere synthetic application of Articles 31 to 33 VCLT.

The Appellate Body's initial excessive reliance on these provisions was sometimes misunderstood as a signal that it would only accept interpretive arguments based on the by: This 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.

It also addresses the alleged particularity of the Appellate Body's hermeneutics. The key thread is the function of treaty interpretation in the development of the judicial function in the WTO. From the outset, the Appellate Body made the conscious choice to function as if it were a court.

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.

An interpretation of “the parties” in Article 31(3)(c) should be guided by the Appellate Body’s statement that “the purpose of treaty interpretation is to establish the common intention of the parties to the treaty”.

This suggests that one must exercise caution in drawing from an international agreement to which not all WTO Members. Treaty Interpretation: The Vienna Convention ‘Code’ as Applied by the World Trade Organization Judiciary.

Gillian White. The World Trade Organization (WTO) with its compulsory dispute settlement system including an appellate tier has been in existence for just over five years as at March As illogical and nonsensical as the Appellate Body this finding may be, it justified its conclusion on the customary rules of treaty interpretation because Article 20 does not use the word “right” whereas Article explicitly uses the word “right”.

Just another example of where interpretation transcends logic. The Appellate Body comes to interpretation from within its function in the WTO institution as a juridical body.

This book explains how the Appellate Body approaches the interpretation of the WTO Author: Isabelle Van Damme. 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.

Abstract. This chapter examines the ways in which the dispute settlement mechanism at the World Trade Organization (WTO) applies the customary rules of treaty interpretation of public international law.

Similarly to the selection of the ECtHR, the selection of the WTO as a testing case for the uniform development of customary rules and principles of treaty interpretation allows for a. List of Cited WTO Panel and Appellate Body Reports, Initiated WTO Disputes, and their Common Abbreviations Treaty Interpretation by the WTO Appellate Body Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please. This text analyses the law of treaty interpretation as applied by the WTO Appellate Body. By focusing on the development of the law in practice, and the intersection of customary international law principles with the growth of WTO specific law, the book reveals the complexity of treaty interpretation in a major international law forum.

Download Treaty Interpretation by the WTO Appellate Body PDF eBook Treaty Interpretation by the WTO Appellate Body TREA treaty TREATY ON STABILITY, COORDINATION AND GOVERNANCE IN THE ECONOMIC AND MONETARY UNION THE CONTRACTING PARTIES. Treaty Interpretation by the WTO Appellate Body General Agreement on Tariffs and Trade (the Anti-Dumping Agreement), and the Agreement Establishing the World Trade Organization (the WTO Agreement).

Article DSU states: The dispute settlement system of the WTO is a central element in providing security and pre. Journal Article. Treaty Interpretation by the WTO Appellate Body Isabelle Van Damme. in European Journal of International Law Published on behalf of The EJIL.

Bringing together articles by some of the leading policy-makers, including previous WTO Director-Generals, practitioners, scholars of international trade law, government officials, international civil servants, members of the WTO Appellate Body, and judges from a number of international tribunals, this volume assesses the first ten years of the World Trade Organization.

The rules governing the Appellate Body also support the narrower view of the Appellate Body's role: The AB was directed - in two different places in the Dispute Settlement Understanding - not to add to or diminish the rights and obligations of member governments set forth in the WTO Agreements.

The AB was to consider only "legal" issues. The "cogent reasons" standard set out by the Appellate Body in U.S. - Stainless Steel (Mexico) (see paras. ) has come under a great deal of criticism. But I think it's worth taking into account what the Appellate Body was hearing from the participants to the appeal (this comes from the summary of the participants' arguments -- it would be nice to see the full submissions, but most of.10 Treaty Interpretation by the WTO Appellate Body: The Conundrum of Article 17(6) of the WTO Antidumping Agreement.

1 Introduction; 2 The Article 17(6)(ii) Problem; 3 The Background to Article 17(6)(ii) 4 The Reaction to Article 17(6) 5 Article and the WTO Appellate Body.

The initial approach of the Appellate Body.F. Ortino, "Treaty Interpretation and the WTO Appellate Body Report in the US-Gambling: A C 'rnique", 9 Journal of International Economic Law, at (); see also, M. Lennard, "Navigating by the Stars: Interpreting the WTO Agreements", 5 Journal of lnternational Economic Law, at 23 ().

Ortino also observes that the analysis the AB.