Skip to main content Accessibility help
×
Hostname: page-component-848d4c4894-hfldf Total loading time: 0 Render date: 2024-05-06T14:23:26.839Z Has data issue: false hasContentIssue false

11 - Interpretation and Application of WTO Rules: Florentino Feliciano and the First Seven

from PART II - Insights into the World Trade Organization

Published online by Cambridge University Press:  29 July 2009

Luiz Olavo Baptista
Affiliation:
Professor University of São Paulo Law School
Steve Charnovitz
Affiliation:
George Washington University, Washington DC
Debra P. Steger
Affiliation:
University of Ottawa
Peter Van den Bossche
Affiliation:
Universiteit Maastricht, Netherlands
Get access

Summary

In this chapter I try to look with the eyes of a historian at the first years of the Appellate Body. Specifically, I will examine how the rules on interpretation applicable to WTO law were implemented, and further developed, in the first cases before the Appellate Body. I will also examine the drafting of the Working Procedures for Appellate Review (‘Working Procedures’). As decisions in specific appeals, the rules on interpretation and the Working Procedures were the result of the ‘collective thinking’ and of intense discussions among all seven Appellate Body members leading to a consensus view.

The first members of the Appellate Body were appointed by the Dispute Settlement Body of the WTO in November 1995. Florentino Feliciano was one of the seven. As he is the person to whom we render homage in this book, I feel that some words about him in particular are appropriate before I broach the general subject of this chapter. Who is Florentino Feliciano? Who is the man behind the portrait drawn by the biographical note appearing on the WTO website? What events and facts shaped his personality? How did this personality affect the ‘collective thinking’ of the Appellate Body?

I knew of Florentino Feliciano and his life through his writings, although I did not have the privilege of meeting him until I took up my function of Appellate Body member.

Type
Chapter
Information
Law in the Service of Human Dignity
Essays in Honour of Florentino Feliciano
, pp. 127 - 135
Publisher: Cambridge University Press
Print publication year: 2005

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure coreplatform@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×