A critical review of interpretation of articles III and XX of the GATT 1994

Abstract

Textual interpretation is the prevailing mode of interpretation. Significant exceptions exist. The choice of means of interpretation and the different weight attributed to them can shape the outcome of interpretation. Different means applied to the same term can sometimes create different clarifications. Moving decisive significance from one to another means can occasionally change the outcome of interpretation. There are many factors that determine the choice and weight of the means of interpretation. The spirit, as originates from the object and purpose of the GATT 1994, might be in the background of all of them. The interpretation does not operate without certain inconsistencies and difficulties.

Keywords

• interpretation
• the GATT 1994
• national treatments
• exceptions