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Treaty Interpretation by the WTO Appellate Body$
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Isabelle Van Damme

Print publication date: 2009

Print ISBN-13: 9780199562237

Published to Oxford Scholarship Online: September 2009

DOI: 10.1093/acprof:oso/9780199562237.001.0001

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Principles of Treaty Interpretation: Meaning and Function

Principles of Treaty Interpretation: Meaning and Function

(p.32) 2 Principles of Treaty Interpretation: Meaning and Function
Treaty Interpretation by the WTO Appellate Body

Isabelle Van Damme

Oxford University Press

This chapter examines the meaning and function of principles of treaty interpretation in general international law. Customary international law on treaty interpretation is partly and mostly codified in Articles 31 to 33 of the Vienna Convention on the Law of Treaties (VCLT), which are discussed in their historical context. The chapter explains that even if treaty-based, treaty interpretation is governed by principles rather than rules. It also provides an introduction to some of the Appellate Body's techniques of interpretation and reflects on the need and status of special principles of treaty interpretation.

Keywords:   Vienna Convention, International Law Commission, legitimate expectations, In Dubio Mitius, Anti-Dumping Agreement, permissible interpretations, appellate body, treaty interpretation

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