The Research Of The Use Of Treaty Teleological Interpretation Method Under WTO

In the process of dispute resolution, legal interpretation is always the hot issue of the academic discussion since the establishment of WTO, and almost every interpretation of the case which was made by the Panel and the Appellate Body becomes the typical sample of theoritical study. Although the dispute cases were involved specific case in different areas, the explanation method used is similar and which is that the Panel and the Appellate Body are adhere to the standpoint of texulism and praise texulism too highly.The semantic interpretation can limit the maximum judicial discretion but defects and shortcomings of the semantic interpretation can not be ignored, which may make the interpretation get away from the purpose of establishment of the treaty, and the substantial justice of the treaty will not come true. Based on the purpose of the treaty, one characteristic of teleological interpretation is flexibility.The flexibility of teleological Interpretation can just make up the disadvantages of the semantic interpretation which contribute to realizing the substantial justice of the treaty.The WTO dispute settlement further need teleological interpretation, because WTO system has a nature of speciality contrast to domestic legal system, because a large number of participant entered the treaty system making process.The makers which resulted in the blurry and uncertain expression of the clauses which is controversial but necessary, and the semantic interpretation is not in good function in this situation. In addition, the change of society and words meanings make teleological interpretation necessary.The purpose and objective of WTO exit in the clauses either obviously or secretly,the acknowledge of the purpose and objective of WTO is the precondition of using teleological interpretation solving the dispute of WTO. If the teleological interpretation can use alone is a question must need solve in the thesis. The attitude of the Panel and the Appellate Body to the semantic interpretation is praised highly, but still has changes, which is necessary to be researched the changes through the cases. As is well known there is no one interpretation is perfect,the teleological interpretation also has shortages, and realizing the shortages and thinking the measures will to make teleological interpretation play its role.