Interpreting WTO Agreements: Problems and Perspectives

Asif H. Qureshi

doi:10.1017/CBO9780511674488

This book was first published in 2006. The case law of the World Trade Organization is now extensive, running into over one hundred cases and thousands of pages. The interpretative process involved in this jurisprudence constitutes a form of legislative activity, and is therefore of great significance not only to the parties to disputes, but to the membership of the WTO. Qureshi sets out here to identify some of the underlying problems of interpreting WTO agreements, within the context of different issues, problems, objectives and disciplines, and to comprehensively examine the underlying conditions for the interpretation of WTO agreements. He focuses on: the apparatus of interpretation in the WTO; the manner of interpreting institutional norms, national measures, and exceptions; the manner of facilitating the development objective; the manner of reconciling conflicting norms through interpretation; and finally the manner of interpreting the trade remedies agreements. Various perspectives on interpretation are proffered, particularly that of justice and development.

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Interpreting WTO Agreements

Problems and Perspectives

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Contents

Frontmatter
pp i-iv

Contents
pp v-vi

Preface
pp vii-viii

List of Abbreviations
pp ix-x

Introduction
pp 1-2

1 - Interpreting principles of treaty interpretation in the WTO
pp 3-29

2 - Interpreting institutional aspects of the WTO Agreements
pp 30-69

3 - The national dimension to interpretation in the framework of the WTO
pp 70-86

4 - Interpreting exceptions in the WTO Agreements
pp 87-113

5 - Interpreting the WTO Agreements for the development objective
pp 114-159

6 - ‘Interpreting’ in external concerns
pp 160-169

7 - Interpreting the agreements on trade remedies
pp 170-227

Conclusion
pp 228-229

Annexes
pp 230-232

Index
pp 233-237

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Problems and Perspectives

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