Collected Papers of the Faculty of Law, University of Novi Sad
2018, vol. LII, No. 2, pp. 819-854
Language of the paper: English
Original scientific paper
udk: 339.54:061.1(100)]:340.132
doi: 10.5937/zrpfns52-19362
Author:
Dr Rodoljub Etinski, Ph.D., Full Professor
University of Novi Sad
Faculty of Law Novi Sad
r.etinski@pf.uns.ac.rs
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.