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The World Trade Organization Treaty Interpretation Principle Is Analysed

Posted on:2013-08-01Degree:MasterType:Thesis
Country:ChinaCandidate:Z Y LiFull Text:PDF
GTID:2246330362464966Subject:Law
Abstract/Summary:PDF Full Text Request
The paper focuses on the treaties interpretation principles of the DSB. The legalinterpretation is indispensable to the application of law. As to the application ofinternational treaties, legal interpretation is also called treaties interpretation, which is,in final analysis, interpretation approach to look into the particular meaning of thetreaty provisions in definite situation, according to the theories and the principles ofthe treaties interpretation.The application of the existing international treaties interpretation principles is anew problem to the treaties interpretation. The paper explains the treatiesinterpretation principles of WTO, which combines with the existing cases of WTOand the cases China involved. As the increasing number of the cases that Chinainvolved and the decisions of these cases, to a great extent, depend on theinterpretation of treaties, and even sometimes on the interpretation of a few words, thestudy of treaties interpretation plays a significant role for China in the practice ofWTO.The paper can be divided into four parts: the first part introduces the grounds ofthe treaties interpretation principles in the appellate body of DSB,that is, article3.2ofDSU and article31to33of Treaty Interpretation and the Vienna Convention on theLaw of Treaties Interpretation (hereinafter referred to as VCLT).the second partexplains the treaties interpretation principles of the appellate body of DSB. Firstly, thepaper elaborates on the treaties interpretation schools in the near years. Secondly, thepaper explains the content of article3.2of DSU. At last, the paper introduces thetreaties interpretation principles in the VCLT. The third part mainly introduces thepractice of the treaties interpretation in the appellate body of DSB. The paper takesthe antidumping and countervailing case between China and US as an example. Theabove example, on the one hand, explains the application of the treaties interpretationprinciples in the practice, on the other hand, illustrates how the appellate body of DSBmakes the decision and report, which greatly influences the rights and obligations ofthe members, by applying to the treaties interpretation principles. The last part of thispaper is the conclusion to the whole paper.
Keywords/Search Tags:Treaties Interpretation, DSB, Holistic Interpretation, VCLT
PDF Full Text Request
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