WTO Dispute Settlement Mechanism(7)/刘成伟(39)
With respect to the interpretation of the AD Agreement, it is Art. 17.6(ii) that runs on the legal interpretation issue. In this respect, its application of customary rules of interpretation, as well as unusual provision in Art. 17.6(ii) has also been noted on many occasions, e.g., the Panel in Argentina-Floor Tiles (DS189) rules: 4
“We consider the first part of this subparagraph to be a clear reference to the customary rules of interpretation as laid down in Articles 31-32 of the Vienna Convention on the Law of Treaties. Article 31 of the Vienna Convention provides that a treaty shall be interpreted in accordance with the ordinary meaning to be given to the terms of the treaty in their context and in light of its object and purpose. Article 17.6(ii) of the AD Agreement provides that in the case where this method leads the panel to the conclusion that the provision in question admits of more than one permissible interpretation, the panel shall find the measure in conformity if it is based on one such permissible interpretation.”
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