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Petersmann, Ernst-Ulrich --- "International Trade Law, Human Rights and the Customary International Law Rules on Treaty Interpretation" [2009] ELECD 545; in Joseph, Sarah; Kinley, David; Waincymer, Jeff (eds), "The World Trade Organization and Human Rights" (Edward Elgar Publishing, 2009)

Book Title: The World Trade Organization and Human Rights

Editor(s): Joseph, Sarah; Kinley, David; Waincymer, Jeff

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781847206619

Section: Chapter 3

Section Title: International Trade Law, Human Rights and the Customary International Law Rules on Treaty Interpretation

Author(s): Petersmann, Ernst-Ulrich

Number of pages: 22

Extract:

3. International trade law, human rights
and the customary international law
rules on treaty interpretation
Ernst-Ulrich Petersmann

1. `PRINCIPLES OF JUSTICE' IN INTERNATIONAL
TRADE LAW?
Similar to Article 1 of the Charter of the United Nations (`UN'), the Preamble
to the Vienna Convention on the Law of Treaties (`VCLT')1 prescribes that
`disputes concerning treaties, like other international disputes, should be
settled by peaceful means and in conformity with the principles of justice and
international law.' The Agreement establishing the World Trade Organization
(`WTO')2 recognizes `basic principles and objectives [. . .] underlying this
multilateral trading system'. Some of these principles are specified in WTO
provisions, for instance in the General Agreement on Tariffs and Trade
(`GATT')3 and other WTO agreements on trade in goods, services and trade-
related intellectual property rights. Other principles are incorporated into
WTO law by reference to other international law rules, for example in the
WTO Dispute Settlement Understanding (`DSU')4 which requires interpreting
WTO law `in accordance with customary rules of interpretation of public
international law'. These customary rules, as codified in Articles 31 to 33
VCLT, include rules and principles for textual, contextual and teleological
interpretation of treaties (such as lex specialis, lex posterior, lex superior)


1 Vienna Convention on the Law of Treaties, opened for signature 23 May 1969,
1155 UNTS 331 (entered into force 27 January 1980).
2 Marrakesh Agreement Establishing the WTO, opened for signature 15 April
1994, 1867 UNTS 3 (entered into force 1 January 1995) (`Marrakesh Agreement').
3 ...