ARTICLE: THE DIFFERENCE BETWEEN TREATY INTERPRETATION AND TREATY APPLICATION AND THE POSSIBILITY TO ACCOUNT FOR NON-WTO TREATIES DURING WTO TREATY INTERPRETATION Skip over navigation
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Copyright (c) 2012 Trustees of Indiana University
Indiana International & Comparative Law Review

ARTICLE: THE DIFFERENCE BETWEEN TREATY INTERPRETATION AND TREATY APPLICATION AND THE POSSIBILITY TO ACCOUNT FOR NON-WTO TREATIES DURING WTO TREATY INTERPRETATION

2012

Indiana International & Comparative Law Review

22 Ind. Int'l & Comp. L. Rev. 1

Author

Chang-fa Lo*

Excerpt



I. Introduction



In principle, different treaty systems 1 do not systemically affect each other. However, under certain conditions, different treaty systems can affect each other by relying on or accounting for treaty application or treaty interpretation. 2



There are a number of methods to account for a treaty in the operation of another independent treaty. These different methods have limits regarding the extent of their application and thus are worth exploring.



The World Trade Organization (WTO) treaty system is, to some extent, self- contained. WTO treaty interpreters are not always permitted to account for non-WTO treaties. Whether or not and to what extent non-WTO treaties can be taken into account so that the WTO treaty system can be enriched by and can avoid conflict with these non-WTO treaties is of great importance from a theoretical and practical perspective. Theoretically, WTO treaty interpreters accounting for non-WTO treaties could clarify the relationship between different treaty systems. Practically, WTO treaty interpreters accounting for non-WTO treaties may help to harmonize the different treaty systems and reduce potential conflicts between WTO treaties and other treaties (such as environmental treaties).



This Article explores possible ways of accounting for non-WTO treaties by focusing on the method of treaty interpretation. Although commentators have debated the prudence of applying non-WTO treaties 3 in the WTO system, 4 this Article explores the various methods of accounting for non-WTO treaties and clarifies the difference between the application and interpretation of WTO treaties. This Article's focus ...
 
 
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