Legal Material

European Communities — Measures Affecting the Approval and Marketing of Biotech Products, United States and ors v European Communities, Panel report, WT/DS291/R, WT/DS292/R, WT/DS293/R Add 1 to Add 9 and Corr 1, DSR 2006:III, ITL 119 (WTO 2006), 29th September 2006, World Trade Organisation [WTO]



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Whether the Panel was required to have interpreted World Trade Organization agreements ‘in accordance with customary rules of interpretation of public international law’ as reflected partly in Article 31 of the Vienna Convention on the Law of Treaties (‘VCLT’).

Whether Article 31(3)(c) of the VCLT required that other rules of international law be applicable in the relations between all the parties to the treaty being interpreted.

Whether the Convention on Biological Diversity and Cartagena Protocol on Biosafety to the Convention on Biological Diversity were ‘relevant rules of international law applicable in the relations between the parties’ pursuant to Article 31(3)(c) of the VCLT.

Whether the Panel was allowed to have considered other rules of international law not applicable in the relations between the parties to the treaty being interpreted.

Whether the precautionary principle was a recognized principle of general or customary international law.

Keywords: International trade; Biodiversity; Precautionary principle; European Union (EU); Vienna Convention on the Law of Treaties

Legal Material.  1265840 words.  Illustrated.

Subjects: Public International Law ; International Law ; Law

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