Book contents
- Frontmatter
- Contents
- Preface
- List of Abbreviations
- Introduction
- 1 Interpreting principles of treaty interpretation in the WTO
- 2 Interpreting institutional aspects of the WTO Agreements
- 3 The national dimension to interpretation in the framework of the WTO
- 4 Interpreting exceptions in the WTO Agreements
- 5 Interpreting the WTO Agreements for the development objective
- 6 ‘Interpreting’ in external concerns
- 7 Interpreting the agreements on trade remedies
- Conclusion
- Annexes
- Index
6 - ‘Interpreting’ in external concerns
Published online by Cambridge University Press: 23 February 2010
- Frontmatter
- Contents
- Preface
- List of Abbreviations
- Introduction
- 1 Interpreting principles of treaty interpretation in the WTO
- 2 Interpreting institutional aspects of the WTO Agreements
- 3 The national dimension to interpretation in the framework of the WTO
- 4 Interpreting exceptions in the WTO Agreements
- 5 Interpreting the WTO Agreements for the development objective
- 6 ‘Interpreting’ in external concerns
- 7 Interpreting the agreements on trade remedies
- Conclusion
- Annexes
- Index
Summary
Introduction
Interpreting in external concerns has been among the most considered topics of scholarly and political discourse. It remains one of the most challenging tasks for anyone interested in fair trade and a WTO that has a holistic approach to international and domestic affairs. The legal discourse in the field has, however, been mainly inspired by the desire to incorporate environmental and human rights concerns into trade norms. It has also been primarily concerned with interpreting external concerns legally enshrined in international agreements into the WTO normative framework. Thus, of necessity, the analysis has been chiefly in terms of reconciling conflicts of norms in international law. In this respect, without a doubt the most exhaustive and scholarly work has been that of Joost Pauwelyn. In the circumstances, this chapter will be brief and, in particular, will not touch upon the closely aligned topic of conflict resolution in public international law.
Apparatus for interpreting in external concerns
A number of definitions need to be given at the outset, before focusing on the approaches that might facilitate interpreting in external concerns. First, the apparatus for interpreting external concerns into the WTO Agreements can be considered from the narrow perspective of interpretation, namely, as set out in Articles 31–2 of the VC. However, it can also be considered from the broader perspective of interpretation, along the lines of law as a process of decision-making. In this manner, the apparatus includes not merely rules but also the relevant interpreters actually involved in the process of interpretation, together with the broader framework of the process.
- Type
- Chapter
- Information
- Interpreting WTO AgreementsProblems and Perspectives, pp. 160 - 169Publisher: Cambridge University PressPrint publication year: 2006