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

By: Material type: TextTextPublication details: United Kingdom: Cambridge University Press, 2015.Edition: Second editionDescription: pages cmISBN:
  • 9781107043299
Subject(s): DDC classification:
  • 382.92 QUR.I
Contents:
Machine generated contents note: 1.1.Introduction 1.2.Interpretation of the VCLT in the WTO generally 1.3.Interpretations of the VCLT 1.4.Conclusion Annex: Analytical Index of Articles 31-3 of the Vienna Convention on the Law of Treaties 1969: WTO, ICSID/​UNCITRAL and ICJ jurisprudence 2.1.Introduction 2.2.The mandate for legislative interpretation of WTO Agreements: interface with the judicial interpretative function in the WTO 2.3.Approaches to interpreting the institutional aspects of the WTO under the Marrakech Agreement 2.4.Interpretation and the institutional aspects of the dispute settlement system 2.5.Interpretation and the TPRM 2.6.Conclusion 3.1.Introduction 3.2.Theory 3.3.Issues arising from domestic interpretations 3.4.Issues arising from translations of the WTO Agreements 3.5.Conclusion 4.1.Introduction Part One 4.2.Theoretical framework - lessons from the New Haven approach Contents note continued: 4.3.How are exceptions determined in the WTO Agreement? 4.4.Conclusion Part Two 4.5.What are exceptions in the WTO Agreements? 4.6.Lessons from the WTO political discourse in the characterization of S&​D provisions 4.7.Indicia of an exception 4.8.Who defines exceptions? 4.9.Principles for interpreting exceptions in treaty law 4.10.Conclusion 5.1.Introduction 5.2.The development dimension to the interpretation of the WTO Agreements 5.3.Textual and teleological approaches and the development dimension 5.4.Proposals for reform in the Doha Round 6.1.Introduction 6.2.Apparatus for interpreting in external concerns 6.3.Conclusion 7.1.Introduction 7.2.Discerning the objects and purposes of the trade remedies agreements 7.3.Aids in the interpretative processes: lessons from the WTO trade remedies jurisprudence 7.4.Interrelationships of the ADA, the SCM Agreement and the Agreement on Safeguards Contents note continued: 7.5.Relationship of trade remedies agreements within the WTO Single Undertaking 7.6.Standard of review 7.7.A development perspective of trade remedies? 7.8.Conclusion 8.1.Introduction 8.2.Some fundamental questions in relation to the relationship between WTO and PTAs 8.3.Interpreting WTO disciplines into RTAs 8.4.The impact of RTAs in the interpretation of WTO Agreements 8.5.Comparative analysis of interpretative processes in RTAs 8.6.Conclusion Annex: Mapping interpretative processes in regional integration agreements 1.Relevant WTO provisions 2.Relevant provisions of the Vienna Convention on the Law of Treaties 1969.
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"--
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Item type Current library Call number Copy number Status Date due Barcode
Books Books Symbiosis Law School, Noida 382.92 QUR.I (Browse shelf(Opens below)) 1 Available SLSN-B-8543

Machine generated contents note: 1.1.Introduction
1.2.Interpretation of the VCLT in the WTO generally
1.3.Interpretations of the VCLT
1.4.Conclusion
Annex: Analytical Index of Articles 31-3 of the Vienna Convention on the Law of Treaties 1969: WTO, ICSID/​UNCITRAL and ICJ jurisprudence
2.1.Introduction
2.2.The mandate for legislative interpretation of WTO Agreements: interface with the judicial interpretative function in the WTO
2.3.Approaches to interpreting the institutional aspects of the WTO under the Marrakech Agreement
2.4.Interpretation and the institutional aspects of the dispute settlement system
2.5.Interpretation and the TPRM
2.6.Conclusion
3.1.Introduction
3.2.Theory
3.3.Issues arising from domestic interpretations
3.4.Issues arising from translations of the WTO Agreements
3.5.Conclusion
4.1.Introduction
Part One
4.2.Theoretical framework - lessons from the New Haven approach
Contents note continued: 4.3.How are exceptions determined in the WTO Agreement?
4.4.Conclusion
Part Two
4.5.What are exceptions in the WTO Agreements?
4.6.Lessons from the WTO political discourse in the characterization of S&​D provisions
4.7.Indicia of an exception
4.8.Who defines exceptions?
4.9.Principles for interpreting exceptions in treaty law
4.10.Conclusion
5.1.Introduction
5.2.The development dimension to the interpretation of the WTO Agreements
5.3.Textual and teleological approaches and the development dimension
5.4.Proposals for reform in the Doha Round
6.1.Introduction
6.2.Apparatus for interpreting in external concerns
6.3.Conclusion
7.1.Introduction
7.2.Discerning the objects and purposes of the trade remedies agreements
7.3.Aids in the interpretative processes: lessons from the WTO trade remedies jurisprudence
7.4.Interrelationships of the ADA, the SCM Agreement and the Agreement on Safeguards
Contents note continued: 7.5.Relationship of trade remedies agreements within the WTO Single Undertaking
7.6.Standard of review
7.7.A development perspective of trade remedies?
7.8.Conclusion
8.1.Introduction
8.2.Some fundamental questions in relation to the relationship between WTO and PTAs
8.3.Interpreting WTO disciplines into RTAs
8.4.The impact of RTAs in the interpretation of WTO Agreements
8.5.Comparative analysis of interpretative processes in RTAs
8.6.Conclusion
Annex: Mapping interpretative processes in regional integration agreements
1.Relevant WTO provisions
2.Relevant provisions of the Vienna Convention on the Law of Treaties 1969.

"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"--

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