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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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Other Issues in WTO Treaty Interpretation

Other Issues in WTO Treaty Interpretation

Chapter:
(p.305) 8 Other Issues in WTO Treaty Interpretation
Source:
Treaty Interpretation by the WTO Appellate Body
Author(s):

Isabelle Van Damme

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199562237.003.0008

This chapter discusses the Appellate Body's use of supplementary means of interpretation, other language versions, subsequent practice and agreements, and special meanings in interpreting the covered agreements. Previous chapters have touched on these issues and this chapter completes the analysis. Articles 31(3)(a)–(b), 31(4), 32, and 33 VCLT share the characteristic that they are as much concerned with the burden to proof the meaning of the treaty as they are with guiding the process of interpretation as such. Also, they often overlap with other principles of treaty interpretations discussed in other chapters of this book. The Appellate Body does not easily use supplementary means of interpretation, other language versions, subsequent practice, or special meanings on its own initiative. These principles of interpretation differ from the principles of contextual and effective interpretation, which the Appellate Body applies almost as a matter of course.

Keywords:   Appellate Body, treaty interpretation, supplementary means of interpretation, special meanings, subsequent practice, subsequent agreement, negotiating history

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