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When Popular Decisions Rest On Shaky Foundations: Systemic Implications Of Selected Wto Appellate Body Trade Remedies Jurisprudence, Meredith Kolsky Lewis
When Popular Decisions Rest On Shaky Foundations: Systemic Implications Of Selected Wto Appellate Body Trade Remedies Jurisprudence, Meredith Kolsky Lewis
Contributions to Books
Published as Chapter 9 in International Economic Law and Governance: Essays in Honour of Mitsuo Matsushita, Julien Chaisse & Tsai-yu Lin, eds.
This chapter argues that the WTO Appellate Body has not been consistent in applying Article 31 of the VCLT and considering the context of the relevant treaty text in light of its object and purpose. It has instead either been overly mechanistic in its textual interpretation or has strayed from the text, sometimes with the appearance of preferring an outcome-based result. Part I of the chapter discusses the appropriate role context should play in interpreting the WTO agreements. …