Teleological Interpretation in the WTO Dispute Settlement – Proper Identification of Object and Purpose
Date Issued
2012
Date
2012
Author(s)
Jiaviriyaboonya, Poowadon
Abstract
Although the Vienna Convention on the Law of Treaties (VCLT) Article 31(1) and 33(4) refer to the “object and purpose”, the precise nature, role, and application of its concept present some uncertainty and enigma. This thesis is focused on teleological approach of treaty interpretation, in other words, an examination on how widely “object and purpose” is to be understood, identified, and selected by the Appellate Body and Panels in interpreting the WTO Agreements.
Observing the WTO jurisprudence leads to the finding that since the VCLT Article 31 reflects the teleological element, the Appellate Body and Panels have to ascertain the object and purpose then interpret so as to give effect to that object and purpose. Indeed, the text, which is the main element, is only properly understood when interpreted in light of the treaty’s object and purpose. Furthermore, most treaties have no single object and purpose; the appropriate one should lead to the interpretation that gives effect to the treaty the most. However, the Appellate Body often balances various values or types of interest.
The role of object and purpose in Article 33(4) is still quite limited in WTO dispute settlement; nevertheless it is clear that in case of reconciliation of language differences, the object-and-purpose is the outstanding tool. The jurisprudence of the WTO indicates the need for a broader and flexible interpretation.
Subjects
World Trade Organization
Vienna Convention on the Law of Treaties
VCLT
treaty interpretation
object and purpose
teleological interpretation
Type
thesis
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