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Treaty Interpretation by the WTO Appellate Body$
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Isabelle Van Damme

Print publication date: 2009

Print ISBN-13: 9780199562237

Published to Oxford Scholarship Online: September 2009

DOI: 10.1093/acprof:oso/9780199562237.001.0001

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The WTO Dispute Settlement System

The WTO Dispute Settlement System

(p.3) 1 The WTO Dispute Settlement System
Treaty Interpretation by the WTO Appellate Body

Isabelle Van Damme

Oxford University Press

This chapter sketches relevant features of the subject of analysis: the WTO dispute settlement system. This book on treaty interpretation by the WTO Appellate Body is essentially concerned with how the Appellate Body has used interpretation to simultaneously assert and justify its exercise of the judicial function in the WTO. This presupposes an awareness of the characteristics of this dispute settlement system, its jurisdiction, and the law that applies in adjudicating disputes between WTO Members. For that purpose, the chapter introduces the WTO dispute settlement system, its jurisdiction, the applicable law, and the applicable principles of treaty interpretation. It also contrasts the effect of authentic interpretations of the WTO treaty language with that of judicial interpretations, mostly from a practical perspective.

Keywords:   WTO dispute settlement, Appellate Body, DSU, applicable law, jurisdiction, treaty interpretation, authentic interpretations

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