Azam Ansari; Mohammad Mahdi Hajian
Abstract
Like a number of international treaties, provisions of WTO Agreements are
subject to ambiguities and problems. Hence, interpretation of WTO provisions is
of great importance to Dispute Settlement Body of World Trade Organization
and international trade lawyers. In this regard, using general principles ...
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Like a number of international treaties, provisions of WTO Agreements are
subject to ambiguities and problems. Hence, interpretation of WTO provisions is
of great importance to Dispute Settlement Body of World Trade Organization
and international trade lawyers. In this regard, using general principles of law
provided, particularly, by Articles 31 and 32 of the Vienna Convention on the
Law of Treaties (VCLT) require special attention. This Article intends to provide
an answer to this question: To what extent are these principles able to affect the
interpretation of WTO provisions. By considering different interpretation
methods, this Article shows that the general principles of law play an undeniable
role in interpreting and understanding the provisions of WTO. Applying these
principles assists the panels and appellate body to discharge their function and
lead to convergence between WTO and other international legal systems. This
approach has been affirmed by WTO Dispute Settlement Body.
