Minutes - TRIPS Council - View details of the intervention/statement

Ambassador Choi Hyuck (Korea)
G DECISION ON THE IMPLEMENTATION OF PARAGRAPH 6 OF THE DOHA DECLARATION ON THE TRIPS AGREEMENT AND PUBLIC HEALTH
202. Taking up the clarification by the delegation of the European Communities, the representative of India said that his concerns relating to the ongoing discussion on the status of the Chairman's Statement had been reaffirmed. While he did not see any reference to the Vienna Convention in the Chairman's Statement, lawyers could interpret its components to assess whether it constituted a means of interpretation, and what kind of means of interpretation. In his view, the Chairman's Statement was not the context for interpretation in the sense of paragraph 2(a) of Article 31 of the Vienna Convention, but represented a supplementary means of interpretation pursuant to Article 32 of the Vienna Convention. The question of whether the Statement constituted a means of interpretation and, if so, whether it was part of the context, as suggested by the European Communities and New Zealand, or a supplementary means of interpretation could either be left for interpretation after the adoption of the amendment or be stated explicitly in the agreement.
IP/C/M/49