WTO Dispute Settlement Mechanism(5)/刘成伟(11)
It is clear that the application of the principle of effective interpretation is consistent with Art. 3.2 of the DSU, which states that ‘the DSB cannot add to or diminish the rights and obligations provided in the covered agreements’. As a matter of fact, it may be the case that in nearly all instances, the ordinary meaning of the terms of the actual description in a covered agreement accurately reflects and exhausts the content of the expectations on improved competitive relationship. It is clearly the case that most descriptions are to be treated with the utmost care to maintain their integrity precisely because, on their face, they normally constitute the most concrete, tangible and reliable evidence of commitments made.
IV The Status of Legitimate Expectations in Interpretation
The principle of good faith prohibits any conduct of parties to an agreement that aims at nullification or impairment of the proper meaning and purpose of the agreement. However, does good faith interpretation under Art. 31 of the Vienna Convention require, as ruled by a panel, the protection of so-called legitimate expectations? In this respect, the Appellate Body in India-Patent Protection (DS50) rules: 8
总共20页
[1] [2] [3] [4] [5] [6] [7] [8] [9] [10] 11
[12] [13] [14] [15] [16] [17] [18] [19] [20] 上一页 下一页