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Interpreting WTO Agreements: Problems and Perspectives, 2nd Edition

Interpreting WTO Agreements: Problems and Perspectives, 2nd Edition

Author: Asif H. Qureshi
Publisher: Cambridge University Press
ISBN: 9781107618480
Published In: July 2019
Format: Paperback , 248 pages
Jurisdiction: International ? Disclaimer:
Countri(es) stated herein are used as reference only

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Contents
Author

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The case law of the World Trade Organization is extensive, now running into some three hundred decided 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 identifies some of the underlying problems of interpreting WTO agreements, and examines the conditions for the interpretation of these agreements. Since the first edition of this book, the case law has grown, and the interpretation evolved further.

This second edition addresses these developments and engages in the contemporary discourse on the subject. Also included is a new section on issues of interpretation relating to preferential trade agreements and the WTO. This book is an essential tool for WTO trade specialists, as well as government and judicial officers concerned with interpreting these agreements.

Preface	page vii
	List of Abbreviations	ix
	Introduction	1
1	Interpreting principles of treaty interpretation in the WTO	3
	1.1 Introduction	3
	1.2 Interpretation of the VC in the WTO generally	7
	1.3 Interpretations of the VC	9
	1.4 Conclusion	28
2	Interpreting institutional aspects of the WTO Agreements	30
	2.1 Introduction	30
	2.2 The formal mandate to interpret the WTO Agreements	33
	2.3 Approaches to interpreting the institutional aspects of the WTO under the Marrakesh Agreement	43
	2.4 Interpretation and the institutional aspects of the dispute settlement system	47
	2.5 Interpretation and the Trade Policy Review Mechanism	67
	2.6 Conclusion	69
3	The national dimension to interpretation in the framework of the WTO	70
	3.1 Introduction	70
	3.2 Theory	72
	3.3 Issues arising from domestic interpretations	77
	3.4 Issues arising from translations of the WTO Agreements	81
	3.5 Conclusion	85
4	Interpreting exceptions in the WTO Agreements	87
	4.1 Introduction	87
	4.2 What are exceptions in the WTO Agreements?	89
	4.3 Principles for interpreting exceptions in treaty law	104
	4.4 Conclusion	112
5	Interpreting the WTO Agreements for the development objective	114
	5.1 Introduction	114
	5.2 The development dimension to the interpretation of the WTO Agreements	119
	5.3 Textual and teleological approaches and the development dimension	138
	5.4 Proposals for reform in the Doha Round	156
6	‘Interpreting’ in external concerns	160
	6.1 Introduction	160
	6.2 Apparatus for interpreting in external concerns	160
	6.3 Conclusion	169
7	Interpreting the agreements on trade remedies	170
	7.1 Introduction	170
	7.2 Discerning the objects and purposes of the trade remedies agreements	172
	7.3 Aids in the interpretative processes: lessons from the WTO trade remedies jurisprudence	190
	7.4 Inter-relationships of the ADA, the ASCM and the SA	203
	7.5 Relationship of trade remedies agreements within the WTO Single Undertaking	207
	7.6 Standard of review	213
	7.7 Conclusion	225
	Conclusion	228
	Annexes	230
	1 Relevant WTO provisions	230
	2 Relevant provisions of the Vienna Convention on the Law of Treaties 1969	231
	Index	233