Part II Interpretation of Treaties, 8 Subsequent Practice as a Means of Interpretation in the Jurisprudence of the WTO Appellate Body

Subject(s):

Vienna Convention on the Law of Treaties

While the general interpretative approach of the WTO Appellate Body has been much discussed, its use of ‘subsequent practice’ as a means of interpretation has so far been less focused on. This chapter gives an overview of the pertinent pronouncements by the Appellate Body, relates them to the jurisprudence of the ICJ, and discusses the possible relevance of subsequent practice as an element of interpretation within the WTO system in the future.