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

Georg Nolte

From: The Law of Treaties Beyond the Vienna Convention

Edited By: Enzo Cannizzaro

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 22 February 2024

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.

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