treaty interpretation Tag

‘Giving Effect’ to VCLT: Analysing the Treaty Interpretation Route Taken by the Panel and the Arbitrators in China-Enforcement of Intellectual Property Rights

[Kartik Sharma is an undergraduate law student at National Law School of India University, Bengaluru and an analyst at SpicyIP] The first sentence of Article 1.1 of the TRIPS agreement requires members to ‘give effect to the provisions’ of TRIPS. Its exact meaning found centre-stage in a WTO dispute between the European Union and China, wherein Chinese courts were issuing anti-suit...