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从关贸总协定体制下条约解释规则的演变过程和实证分析看出,《维也纳条约法公约》第31、32条已被确立为世贸组织争端解决条约解释的规则。但该规则在应用中仍存在着解释方面的问题,本文以几个争端解决报告中对公约第31.3(2)中用语“subsequent prac-tice”的意见分歧为例进行了分析,并指出我国入世后面临争端时应注意应用这些规则作出对报告有利的解释,以维护国家利益。
From the evolving process and empirical analysis of treaty interpretation rules under the GATT system, it can be seen that articles 31 and 32 of the Vienna Convention on the Law of Treaties have been established as the rules for the interpretation of the WTO dispute settlement treaty. However, there are still some problems in the application of this rule. This dissertation analyzes the disagreement of the term “subsequent prac-tice” in Article 31.3 (2) of several Dispute Settlement Reports, and points out that our country’s accession to the WTO In the face of disputes, attention should be paid to the application of these rules in making favorable explanations of the report so as to safeguard national interests.