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Customary Rules Of Interpretation In The Practice Of Wto Dispute Settlement Bodies, Lukasz A. Gruszczynski
Customary Rules Of Interpretation In The Practice Of Wto Dispute Settlement Bodies, Lukasz A. Gruszczynski
Lukasz A Gruszczynski
The WTO dispute settlement bodies tend to follow the instructions of Articles 31-33 of the Vienna Convention on the Law of Treaties (VCLT). The customary rules that are embodied in these articles constitute a point of reference for both the panels and the Appellate Body in their interpretation of WTO provisions. This paper identifies a number of cases, however, where the dispute settlement bodies appear to deviate from the holistic approach promoted by the VCLT. In particular, these include instances of extensive reliance on text (to the exclusion of other elements such as context and purpose), application of a sequential …