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
Introduction
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
Beware, beware the interpreter! Whether interpretation is viewed as an objective or a subjective process, this caution is equally relevant. But it is as much counsel about the interpreter as it is counsel for the interpreter, because the process of interpretation can be fraught with dangers. It is well understood that many normative frameworks have met with disrepute, indeed disasters, in the process of their interpretation. Others, however, have endured and better stood the test of time, precisely as a consequence of the manner of their interpretation. Thus, with caution come opportunities. If evolution is the manner of mankind's development, interpretation is its equivalent normative vehicle for development – whether viewed as an objective or subjective process. This analogy is best understood if the objective and subjective standpoints on interpretation are placed in their respective temporal boxes. Thus, the objective view of interpretation is concerned more with the present. Consequently, it is less focused on the long-term legislative, impact of interpretation, despite that impact, given its incremental nature – sometimes in the blink of an eye, or in a decade of a time frame. In contrast, the subjective, constitutive perspective on interpretation best derives its clarity from the historical, retrospective context in which it observes evolution.
This book identifies some of the underlying problems of interpreting the WTO Agreements within the context of different spheres of issues, problems, objectives and disciplines. In this process, some perspectives on interpretation are proffered, and the scene is set for the development of appropriate approaches to various issues.
- Type
- Chapter
- Information
- Interpreting WTO AgreementsProblems and Perspectives, pp. 1 - 2Publisher: Cambridge University PressPrint publication year: 2006