Treaty Interpretation: The Vienna Convention 'Code' as Applied by the World Trade Organization Judiciary

1999 ◽  
Vol 20 ◽  
Author(s):  
Gillian White
Keyword(s):  
World Trade Organization ◽  
World Trade ◽  
Vienna Convention ◽  
The World ◽  
Treaty Interpretation

International Trade and Investment Agreements in Light of the Integration Principle

2021 ◽  
pp. 109-118
Author(s):  
Marie-Claire Cordonier Segger
Keyword(s):  
Sustainable Development ◽  
World Trade Organization ◽  
World Trade ◽  
Vienna Convention ◽  
International Level ◽  
The World ◽  
Treaty Interpretation ◽  
Investment Agreements ◽  
Trade And Investment

This chapter asks how the principle of integration can translate to the international level, and reviews and discusses trade and investment treaties in the context of this principle. It begins by proving that sustainable development is a ‘purpose’ of over thirty treaties, and that they explicitly commit to achieve this purpose in very diverse sectors and ways, using the FAO Seed Treaty as an example to prove this point. It considers the role of the ‘purposive approach’ in treaty interpretation, in light of the interpretive rules of the Vienna Convention on the Law of Treaties (VCLT), and the limitations of this approach, noting alternative views that are equally relevant. The chapter then goes on to discuss how the integration principle might assist in interpreting provisions of trade and investment agreements, as a basis for later examination of progress in the World Trade Organization (WTO), and in bilateral and regional economic negotiations which make an explicit commitment to sustainable development.

scholarly journals The Law on State Responsibility and the World Trade Organization

2021 ◽  
Vol 22 (5-6) ◽  
pp. 759-803
Author(s):  
Anna Ventouratou
Keyword(s):  
World Trade Organization ◽  
International Law ◽  
World Trade ◽  
Dispute Settlement ◽  
State Responsibility ◽  
Vienna Convention ◽  
The World ◽  
The Law

Abstract This paper examines the role of general international law in the World Trade Organization (WTO) regime, using the rules on state responsibility as a case study. It identifies and discusses instances in WTO case law where such rules were applied directly or were taken into consideration in interpreting relevant WTO provisions. The analysis demonstrates that direct application of general international law for the determination of indispensable matters not regulated by the WTO Agreements is part of the inherent powers of WTO adjudicative bodies. Moreover, under Article 3(2) Dispute Settlement Understanding and Article 31(3)(c) Vienna Convention on the Law of Treaties, WTO adjudicative bodies have an obligation to take into account general international law in interpreting relevant WTO provisions. The paper delineates the methodology for assessing the interaction between general international law and WTO law and highlights the importance of adhering to this methodology to provide clarity and legal certainty regarding the scope and content of WTO obligations.

scholarly journals IMPLEMENTATION REGIONALIZATION PRINCIPLE BASED ON SANITARY AND PHYTOSANITARY (SPS) AGREEMENT ACCORDING TO VIENNA CONVENTION ON THE LAW OF TREATIES (VCLT) OF 1969

2021 ◽  
Vol 10 (2) ◽  
pp. 163
Author(s):  
Velicia Theoartha Manalu ◽  
Sinta Dewi Rosadi ◽  
Prita Amalia
Keyword(s):  
International Trade ◽  
World Trade Organization ◽  
World Trade ◽  
Research Result ◽  
Agricultural Products ◽  
Vienna Convention ◽  
International Guidelines ◽  
The World ◽  
The Government ◽  
Animal Trade

<em>The practice of the regionalization principle in Article 6 Sanitary and Phytosanitary (SPS) Agreement is still conflicted. This is because of several cases regarding the members misinterpretation of international guidelines in the regionalization principle, such as India – Agricultural Products and Russia – Pigs (EU). Recently, Coronavirus Diseases 2019 (Covid-19) has been considered to affect animal trade. Such conditions prompt the World Trade Organization (WTO)  to recommend the Members to take SPS Measures to protect their domestic market. However, the trade would be inhibited in case the country-wide ban approach is applied. Therefore, this paper discusses the possible SPS measures under the regionalization principle to promote the trade during the pandemic according to WTO decisions from previous cases in line with the VCLT of 1969. The research result shows that the Covid-19 is an obstacle to international trade and makes humans and animals vulnerable to this virus. Consequently, many animal trades have been banned to prevent its spread. To deal with this condition, Indonesia could apply the regionalization principle in Article 6 SPS Agreement. Moreover, the government should update the quarantine law by pointing out the regionalization principle, unlike the zone system rules only applied to animals susceptible to Food Mouth Disease</em>

Russian Policy of Agriculture Support and the Necessity of Its Modification after WTO Accession

2012 ◽  
pp. 132-149 ◽  
Author(s):  
V. Uzun
Keyword(s):  
Comparative Analysis ◽  
World Trade Organization ◽  
Agricultural Production ◽  
World Trade ◽  
The Us ◽  
The World ◽  
Wto Accession ◽  
The Eu ◽  
Agriculture Support

The article deals with the features of the Russian policy of agriculture support in comparison with the EU and the US policies. Comparative analysis is held considering the scales and levels of collective agriculture support, sources of supporting means, levels and mechanisms of support of agricultural production manufacturers, its consumers, agrarian infrastructure establishments, manufacturers and consumers of each of the principal types of agriculture production. The author makes an attempt to estimate the consequences of Russia’s accession to the World Trade Organization based on a hypothesis that this will result in unification of the manufacturers and consumers’ protection levels in Russia with the countries that have long been WTO members.

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