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The organs that make up the dispute settlement system of the WTO have power to examine complaints founded in so-called covered agreements and formulate conclusions and recommendations on the compliance of the contested measures with the agreements. To interpret the provisions of these agreements, these organs may make use of interpretation customary rules of the Vienna Convention on the Law of Treaties of 1969. These rules of interpretation, in turn, allow those organs resort to normative species produced outside the context of WTO as subsidies to clarify the meaning of the terms of the provisions of the covered agreements. By borrowing these normative species, those bodies will also inevitably interpreting the provisions of these. In this context, this study aimed to examine how traditional normative species of International Law of the Environment (conventions, customs and general principles of law) were interpreted by the DSB organs in three cases chosen to represent the problem. The case analysis results showed that normative species of International Law of the Environment are effectively admitted in the interpretive process of the covered agreements, which can occur in binding or not, and can effectively influence the interpretation of these agreements, confirming them the meaning or assigning them a no explicit meaning, although the conclusions of this interpretation does not always result in favorable positions to fully unilateral measures adopted by WTO Members in respect of environmental concern.

A interpretação de espécies normativas do direito internacional do meio ambiente pelo Órgão de Solução de Controvérsias da OMC