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根据DSU第3条第2款的规定,并且结合WTO争端解决的相关实践,《维也纳条约法公约》第31条“解释之通则”成为了WTO争端解决中在对WTO法律文件进行解释时所应一体遵循的规则。由此,原本作为非WTO法律规则的“有关国际法规则”亦就得以成为在解释WTO法律文件时应予一并考虑的参考。而为了能够切实地执行上述条款的规定,应当首先明确“有关国际法规则”在WTO争端解决中的应用限于对WTO法律文件进行法律解释,而后再据此确定其具体的内涵和范围。
According to Article 3, paragraph 2 of the DSU, and in conjunction with the relevant practice of the WTO dispute settlement, Article 31 of the Vienna Convention on the Law of Treaties, General Principles of Interpretation, became the interpretation of WTO legal documents during the WTO dispute settlement The rules that should be followed by one. As a result, the “rules of international law” originally used as a non-WTO law rule can become a reference to be taken into consideration when interpreting WTO legal documents. However, in order to effectively implement the provisions of the above articles, it should be clear first that the application of the “rules of international law” in the settlement of WTO disputes is limited to the legal interpretation of WTO legal documents and the specific connotation and scope of the WTO legal documents are determined accordingly.