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
Annexes
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
Relevant WTO provisions
Marrakesh Agreement Establishing the WTO
Article IX (2)
The Ministerial Conference and the General Council shall have the exclusive authority to adopt interpretations of this Agreement and of the Multilateral Trade Agreements. In the case of an interpretation of a Multilateral Trade Agreement in Annex 1, they shall exercise their authority on the basis of a recommendation by the Council overseeing the functioning of that Agreement. The decision to adopt an interpretation shall be taken by a three-fourths majority of the Members. This paragraph shall not be used in a manner that would undermine the amendment provisions in Article X.
Article XVI (3)
In the event of a conflict between a provision of this Agreement and a provision of any of the Multilateral Trade Agreements, the provision of this Agreement shall prevail to the extent of the conflict.
Annex 1. Annex 1A Multilateral Agreements on Trade in Goods
General interpretative note to Annex 1A:
In the event of conflict between a provision of the General Agreement on Tariffs and Trade 1994 and a provision of another agreement in Annex 1A to the Agreement Establishing the World Trade Organization (referred to in the agreements in Annex 1A as the ‘WTO Agreement’), the provision of the other agreement shall prevail to the extent of the conflict.
Article 3 (2) of the DSU
The dispute settlement system of the WTO is a central element in providing security and predictability to the multilateral trading system.
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- Interpreting WTO AgreementsProblems and Perspectives, pp. 230 - 232Publisher: Cambridge University PressPrint publication year: 2006