
Contents
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2 Sources in the Scholastic Legacy: The (re)Construction of the Ius Gentium in the Second Scholastic
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I. Introduction I. Introduction
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II. Article 31 and ‘Authentic’ Materials for Interpretation II. Article 31 and ‘Authentic’ Materials for Interpretation
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1. ‘Ordinary Meaning’ 1. ‘Ordinary Meaning’
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2. The Unity of the Article 31 Materials 2. The Unity of the Article 31 Materials
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3. The Role of the Article 31 Materials 3. The Role of the Article 31 Materials
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4. Identifying and Applying the ‘Criteria for Admission’ to Article 31 4. Identifying and Applying the ‘Criteria for Admission’ to Article 31
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a. Paragraphs 31 (1) and 31 (2) a. Paragraphs 31 (1) and 31 (2)
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b. Paragraph 31 (3) (a) b. Paragraph 31 (3) (a)
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c. Paragraph 31 (3) (b) c. Paragraph 31 (3) (b)
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d. Paragraph 31 (3) (c) d. Paragraph 31 (3) (c)
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i. What other law comes within 31 (3) (c)? i. What other law comes within 31 (3) (c)?
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ii. Why is any other law an ‘authentic’ source? ii. Why is any other law an ‘authentic’ source?
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III. Article 32 and ‘Supplementary Means of Interpretation’ III. Article 32 and ‘Supplementary Means of Interpretation’
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IV. Summary IV. Summary
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Research Questions Research Questions
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Selected Bibliography Selected Bibliography
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48 Sources of International Trade Law: Understanding What the Vienna Convention Says About Identifying and Using ‘Sources For Treaty Interpretation’
Get accessDonald H. Regan, William W. Bishop, Jr Collegiate Professor of Law, and Professor of Philosophy at the University of Michigan, United States.
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Published:05 February 2018
Cite
Abstract
International trade law is overwhelmingly treaty-based. For practical purposes, the unique traditional ‘source’ of WTO law is the WTO treaty. But treaties require interpretation, and there are many controversial questions about what might be called the ‘sources for treaty interpretation’. What materials can be used to interpret a treaty, and how are they to be used? The standard source for answering these questions, especially in the WTO, is the Vienna Convention on the Law of Treaties (VCLT). This chapter discusses a fundamental, and largely overlooked, question about the structure of the VCLT—the rationale of the distinction between Articles 31 and 32 of the VCLT. The answer is central to understanding the individual provisions of these Articles.
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