The application of customary International rules on treaty interpretation in the WTO dispute settlement system

Abstract

The customary international rules on treaty interpretation are widely applied by the international adjudicators (international courts and tribunals), including the WTO Dispute Settlement Body (Panel and Appellate Body). These international adjudicators recognized the rules codified in Articles 31 – 33 of the Vienna Convention on the Law of Treaties (VCLT) as the customary rules of treaty interpretation. This research examines the application of the customary international rules on treaty interpretation as generally sets out in Article 3.2 of the WTO Dispute Settlement Understanding (DSU). For that purpose, it analyzes the application of the customary rules of treaty interpretation as codified in Articles 31 – 33 of the VCLT by the WTO Panel and Appellate Body in the selected cases in order to clarify the provisions of the WTO Agreement. In addition, it analyzes the extent of the application of the customary rules in interpreting the WTO Agreement in order to evaluate the sufficiency and compatibility of the interpretation rules in the WTO dispute settlement system. This research adopted library-based research by utilizing the primary and secondary legal sources. It concludes that the customary interpretation rules as codified in Articles 31 – 33 of the VCLT are significantly important not only to give effect to the provisions of the WTO Agreement and to determine the substantive rights and obligations of the WTO Members, but also to assure the coherency and consistency of WTO regime with the rules of Public International Law.