Interpreting WTO Agreements

This book was first published in 2006. 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.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; 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.