Research On The Application Of Evolutionary Interpretation In Dispute Settlement Body Of WTO

The World Trade Organization(WTO)is an international organization for the coordination of multilateral trade relations,and its treaties are the results of the negotiation and compromise among all the members considering their own interests.Certain provisions appeared to be ambiguous and vague just when the treaties were signed.So with the passage of time,disputes occurred.Although the Dispute Settlement Body(DSB)recognizes the Convention on the Law of the Vienna Treaty in 1969 as the customary rules for treaty interpretation,in recent years,WTO has repeatedly invoked evolutionary or dynamic interpretation to settle disputes flexibly.Owing to the lack of specific rules for the application of evolutionary interpretation in Vienna Treaties,the DSB,according to specific conditions,only regards generic terms and terms with long-time effected as the standards for evolutionary interpretation.However,the standards and limits are so vague with the trend of application of evolutionary interpretation getting more and more frequent.To flexibly interpret treaties is conducive for WTO to resolving the dispute,but due to the extremely complex multilateral trade environment,it is hard for WTO to apply evolutionary interpretation.For one thing,evolutionary interpretation has not yet become the customary rules.For another,it is lack of unified standards.In the process of application of evolutionary interpretation in WTO,there will be different kinds of problems,such as lacking clarity in the definition of limited elements to apply evolutionary interpretation;easily going beyond the reasonable scope in exerting judicial activism;the expansion of the right of discretion,and even interpreting the terms of treaties arbitrarily.Based on this,it is necessary to further improve the application rules of evolutionary interpretation in WTO.Firstly,we need to define the criteria of general term and the term with long-time effected.General term is different from terminology and specific term.The meaning of general term has its own expansiveness.When defining a general term,whether it concerning subsequent technology,economy or law should be taken into consideration.However,as a treaty with term with long-time effected,itself should has a long history and its contents should stipulate certain duty while time changing.Secondly,we should limit the use of improper judicial activism,as well as arbitrary interpretation so that it will not off track.Finally,the author points out the reasonable route for evolutionary interpretation,namely considering all the factors,such as the economic strength of all the members during contracting time,and then applying evolutionary interpretation under the guidance of international customary rules.Since joining the WTO,China has won less and lost more in the cases it involved.The application of evolutionary interpretation is one of the most important reason.As the world second economic body,China should also focus on the development of evolutionary interpretation and pay more attention to the research of interpretation rules in order to provide theoretical and practical basis for the maintenance of national economic sovereignty.