A Study On "Supplementary Information Of Interpretation" In WTO Dispute Settlement

Dispute Settlement Body of WTO is an important institution and system for safeguarding WTO multilateral trade. Dispute settlement process of WTO is the Dispute Settlement Body to clarify the terms of the interpretation of disputes relating to the case. Therefore, interpretation of the treaty would become the core task of the WTO Dispute Settlement Body, and the research on the interpretation of the rules of the Treaty has important theoretical and practical significance.This paper, in which mainly analysis Article 32 of Vienna Convention on the Law of Treaties is “ supplementary means of interpretation of ", through international treaties, foreign legislation, national legislation and the relevant literatures and WTO judicial practices to summary the scope and meaning of "the preparatory work of the treaty" and " the circumstances of its conclusion," while identifying the specific conditions of applying Article 32 by using historical research for additional explanations to the existing literature in chronological order, to study the development, status and trends, which can help to acquire in the supplementary explanation of the applicable judicial practice, what factors play the key role for the changesin their development process. Through the research of Article 32, it can help us get a better understanding of international treaties, in particular the WTO Agreement concerning its contracting background, in order to develop a more rational foreign trade policy for China.This paper is divided into five chapters:The first part is the introduction, which firstly introduced the "supplementary means of interpretation", whose meaning can be adopted in the draft of Vienna Convention on the Law of Treaties and to research to explore its original meaning. Simultaneously the article analyses the history of the development processof the “supplementary means of interpretation”. Then introduced theimportance of " supplementary means of interpretation” in treaty interpretation, on one hand, it can compensate the treaty text vulnerabilities, on the other hand, in exceptional circumstances it can confirm or decide the decision in accordance with Article 31 of VCLT. Finally, the paper elucidates the relationship between the "supplementary means of interpretation "and Article 31 of VCLT.The second part focuses on thequalified and applied problems about "supplementary means of interpretation." Finally, analyse the differences among "the preparatory work of the treaty" and "the circumstances of its conclusion."The third section is the applicableanalysis of ”supplementary means ofinterpretation”. And focuses on when we need to invoke the "supplementary means of interpretation " to confirm the results according to Article 31 of VCLT.The fourth section describes the problems and solutions of "supplementary means of interpretation of the". Introduce theexistence of different criteria of "supplementary means of interpretation" which applied to the new members of the treaty. The solution is also proposed to clarify the criteria and the burden of proof.The fourth part describes the influence taken by the “supplementary means of interpretation”. As a huge developing country, our country rarely participated the international treaties as an original member, which gives rise to the a few knowledge concerning the international treaty for our country and lead to the passive position in the international trade relationship. Therefore, we shall focus much more attention on the research of “supplementary means of interpretation”.