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The Global Community Yearbook of International Law and Jurisprudence 2013, Volume I$
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Giuliana Ziccardi Capaldo

Print publication date: 2014

Print ISBN-13: 9780199388660

Published to Oxford Scholarship Online: April 2015

DOI: 10.1093/acprof:oso/9780199388660.001.0001

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Comment and Analysis

Comment and Analysis

Some Selected Aspects of the Relationship Between World Trade Organization Law and General Public International Law

Chapter:
(p.203) Comment and Analysis
Source:
The Global Community Yearbook of International Law and Jurisprudence 2013, Volume I
Author(s):

Brett Williams

Sophie Crowe

Odette Murray

Weihuan Zhou

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199388660.003.0010

This chapter considers some aspects of the relationship between World Trade Organization law and general public international law. It will consider matters arising in WTO jurisprudence impacting on the relationship between WTO law and general public international law. This chapter considers, first, the broad issue of whether WTO law is separate from or part of public international law. Second, it considers the nature of remedies in the WTO legal system making a contrast with the law of countermeasures. Third, it considers three aspects of the law of treaty interpretation under specific provisions of the Vienna Convention on the Law of Treaties: the use of extraneous instruments as treaty context under Article 31(2), the meaning of rules of international law under Article 31(3), and the use of travaux preparatoire under Article 32.

Keywords:   World Trade Organization law, public international law, WTO remedies, countermeasures and WTO law, Vienna Convention Article 31(2), Vienna Convention Article 31(3), Vienna Convention Article 32, travaux preparatoire

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