Interpreting WTO Agreements

Author: Asif H. Qureshi
Publisher: Cambridge University Press
ISBN: 9780521844758
Published In: November 2006
Format: Hardback
Jurisdiction: International ? Disclaimer:
Countri(es) stated herein are used as reference only

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The case law of the World Trade Organization is now extensive, running into over one hundred cases and thousands of pages. The interpretative process involved in this jurisprudence constitutes a form of legislative activity, and is therefore of great significance not only to the parties to disputes, but to the membership of the WTO.

Qureshi sets out here to identify some of the underlying problems of interpreting WTO agreements, within the context of different issues, problems, objectives and disciplines, and to comprehensively examine the underlying conditions for the interpretation of WTO agreements. He focuses on: the apparatus of interpretation in the WTO; the manner of interpreting institutional norms, national measures, and exceptions; the manner of facilitating the development objective; the manner of reconciling conflicting norms through interpretation; and finally the manner of interpreting the trade remedies agreements. Various perspectives on interpretation are proffered, particularly that of justice and development.

Engages with key problems in interpreting WTO agreements, making it an essential tool for WTO trade specialists as well as government and judicial officers concerned with interpreting these agreements
Analytical, original, provocative and comprehensive in its approach to understanding the manner of interpreting WTO agreements
Offers a broad understanding of the subject, by offering different perspectives on the problems involved in interpretation

Contents:: Preface; List of abbreviations; Introduction; 1. Interpreting principles of Treaty interpretation in the WTO; 2. Interpreting institutional aspects of the WTO agreements; 3. National dimension to interpretation in the framework of the WTO; 4. Interpreting exceptions in WTO Agreements; 5. Interpreting WTO agreements for the development objective; 6. Interpreting 'in' external concerns; 7. Interpreting the agreements on trade remedies; Conclusion; Annexes:; 1. Relevant WTO provisions: Articles IX (2), XVI (3) and General Interpretative Note to Annex 1A of the Marrakesh Agreement; Article
17.6 of the Agreement on Implementation of Article VI of the General Agreement on Tariffs and Trade 1994; and Article 3 (2) of the Understanding on Rules and Procedures Governing the Settlement of Disputes; 2. Articles 31-33 of the Vienna Convention on the Law of Treaties 1969.