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PARTIE IIInterprétation, cohérence et techniques juridiques dans le droit du commerce international / Interpretation, Consistency and Legal Techniques in International Trade Law

Who Are “the Parties” for Purposes of VCLT Article 31(3)(c)? A Case Study in WTO Pragmatism[Record]

  • Graham Cook

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  • Graham Cook
    Counsellor, Legal Affairs Division, WTO Secretariat

This paper has been prepared under my own personal responsibility.

The opinions expressed in this paper/publication are mine only. They do not represent the positions or opinions of the WTO or its Members and are without prejudice to Members’ rights and obligations under the WTO. Any errors are attributable to me as the author. At the time of writing, a few more words about the general style and approach of this contribution may be in order here. I came to know Gabrielle as a role model, colleague, and friend in the context of spending many years working alongside Gabrielle in the Legal Affairs Division of the WTO Secretariat. This collection paying tribute to Gabrielle is occasioned by her retirement from the WTO Secretariat after a long, and uniquely storied, career of service at the Secretariat. Given that I continue to serve as a lawyer in the Legal Affairs Division, there are naturally limits on what kind of opinions I can express, especially when writing about a topic that, in the words of artful understatement used by the Appellate Body, is one that is “much debated.” Thus, what follows takes the form insofar as possible of describing, rather than opining on, what panels and the Appellate Body have done in a series of interesting cases. I likewise refrain from responding to the various ideas (including lines of criticism of WTO panel and Appellate Body reports) that are found in the literature and other commentary addressing the meaning of Article 31(3)(c) of the Vienna Convention.

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