On The Application Of Some Other Interpretation Methods In The Interpretation Of WTO Treaties

The interpretation of WTO dispute settlement is always an important theoretical and practical issue.There are many methods of interpretation for the application of dispute settlement practice,which is an important tool for guaranteeing the scientific and rational interpretation results.This paper focuses on several methods of interpretation of treaty to discuss the application of these methods in practice and the main problems.In this paper,we study the method of explaining the key problems in the case.Apart from the introduction and conclusion,the main text is divided into three chapters.The first chapter introduces the basic concept of explanation and the methods of Interpretation of the Vienna Convention on the Law of Treaty.These methods are only part of the WTO dispute settlement practice,and there are more "other interpretation methods".The second chapter mainly discusses the "other interpretation methods" in the dispute settlement practice.First of all,the article introduces the interpretation methods used by the dispute settlement body of the China-Rare Earths case to deal with the Accession of the People's Republic of China Refers to the exception of GATT 1994,which is strict textualism and "case-by-case analysis".Then express the author's opinion.Rule 11.3 of Accession of the People's Republic of China is closely related to article 20 of General Agreement on Tariffs and Trade 1994.It should consider the applicability for problems of GATT 1994 article 20,and it should not adopt the method of "case-by-case analysis".With regard to "Silence of text",restrictive interpretation methods should be used.For the lack of a clear waiver the rights of the article 20 of GATT 1994,China should not be presumed to give it up and clarify the reasons.The second section discusses the interpretation method of contemporary meaning which deal with the Changes in the interpretation of the treaty and explains the reasons for this approach.The third chapter mainly discusses the predictability of "other interpretation methods".The methods of interpretation of treaty which the Vienna Convention on the Law of Treaty does not make it a clear regulation,without uniform objective standards in dispute settlement practice,applicable conditions created by interpreters,not clear enough,are not easy to grasp the limit in practice.It gives the interpreters extensive discretion,and excessive judicial activism is easy to produce,which may be affect the predictability of the results of treaty interpretation.In the practice of dispute settlement,"other interpretation methods" are rarely used,which has limited impact on predictability.But it should be systematized to make it concrete and operable.