On The Teleological Approach In Interpretation Of China Accession Protocol

As one of customary interpretive principles codified in the Vienna Convention onthe Law of Treaties (VCLT), teleological interpretation, also called object and purposeinterpretation, has been applied by the Panel and Appellate Body to the practice ofinterpretation of China Accession Protocol. However, given the ambiguity of the term“object and purpose” of a treaty and the uniqueness of the Protocol, it is not easy foran appropriate application of teleological interpretation. This article starts with anoverall introduction of the meaning of teleological interpretation and how it shall beapplied, then briefly analyses the special characteristics of China Accession Protocol.Based on above basic knowledge of teleological interpretation and the uniqueness ofChina Accession Protocol, this paper summarizes the main predicaments whileinterpreting the Protocol in the light of its object of purpose, i.e. the Protocol itself didnot express its object and purpose, no indication of the relationship between theProtocol and other WTO agreements, and this Protocol involves many systemic issues.As a possible response, this article argues that it should determine the relevant contextof China Accession Protocol or its provisions when applying the teleological approach,then give meaning of the text in light of the object of purpose of the definite context;and, besides, that when the object and purpose is in doubt, restrictive interpretationshould be held. In addition, this paper also casts a prospect on the fate of applicationof teleological interpretation in China–Rare Earths.This paper is divided into five chapters.The first chapter gives an introduction of the meaning, legal basis of teleologicalinterpretation, as wells as its functions in WTO treaty interpretation. It also sketchesout how to define the object and purpose of a treaty and how to discover them.The second chapter focuses on the current application of teleologicalinterpretation to China Accession Protocol by examining the special characteristics ofthe Protocol and a positive analysis of several settled disputes involving theinterpretation of China Accession Protocol.The third chapter indicates the main predicaments, as mentioned above, whileinterpreting the Protocol in the light of its object of purpose.The fourth chapter offers possible ways out and argues that it should determinethe relevant context of China Accession Protocol or its provisions when applying theteleological approach, then give meaning of the text in light of the object of purpose of the definite context; and that when the object and purpose is in doubt, restrictiveinterpretation should be held. Besides, this chapter also casts a prospect on the fate ofapplication of teleological interpretation in China–Rare Earths.Finally, the fifth chapter reaches a conclusion of the whole paper.