Abstract

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Title:: Subject of the domestic interpretation of the WTO Agreement ——discussion on the translation in treaty interpretation

Author(s):: FENG Shou-bo; (School of Public Administration, Nanjing University of Information Science & Technology, Nanjing 210044,Jiangsu, China)

Keywords:: the WTO Agreement; treaty interpretation; interpretation subject; treaty translation

Abstract:: As a result of the increasing sophistication of the international law system, the treaty interpretation is becoming more and more complex. In the applicable treaty of international dispute adjudication institutions and domestic courts, the issues on the interpretation of the treaty’s meanings and the relationship between treaties, as well as the subject and the effect of treaty interpretation are inevitably involved. The domestic legislation lacks procedural guarantee of treaty interpretation. Matters related to domestic legislation in WTO is considered as the matter of fact. The determination of facts will be restricted due to some uncertainty related to translation. The items of treaty interpretation in Law of the People’s Republic of China on the Procedure of the Conclusion of Treaties should be revised to determine the treaty domestic interpretation subject, procedure, treaty translation and the relevant problems.