CYIL vol. 9 (2018)

CYIL 9 ȍ2018Ȏ POVERTY ERADICATION – CONTROVERSIES BETWEEN UN AND WTO between the two concepts is unavoidable. It should also be stressed herewith that there is a clearcut linkeage between services and employment what is in itself evidenced not only in well known dictionaries, but also in the vision of the ILO and it is reality that adjudicative bodies do refer to dictionaries while interpreting legal terms put before them to be dealt with when there is no relevant answer given in the agreement being complained. It also has to be considered that according to ordinary practice of treaty interpretation, “where a term’s meaning is no longer the same as it was at the date of the conclusion of the treaty, account should be taken of its meaning at the time when the treaty is to be interpreted for purposes of applying it”. 67 It is founded on the idea that, where the parties have used generic terms in a treaty, the parties necessarily having been aware that the meaning of the terms was likely to evolve over time, and where the treaty has been entered into for a very long period or is “of continuing duration”, the parties must be presumed, as a general rule, to have intended those terms to have an evolving meaning. 68 It should be noted herewith that the current developments at the WTO and the initiation of dispute proceedings by India against US regarding non-immigrant temporary working visas gives additional arguments for justifying the analysis given above. It is true that nowadays the dispute between India and US, lately also joined by El Salvador, is mostly connected with technical issues particularly to measures imposing increased fees on applicants for certain categories of non-immigrant visas and measures relating to numerical commitment visas, 69 but this clearly shows the interest of WTO member states to use existing migration possibilities for their nationals to provide services across borders and therefore to facilitate the employment on a temporary basis. It can be clearly foreseen to be strong ground of the beginning of migration, service providence and labour related application procedures within the WTO in the near future. If the WTO is really committed to the interests of the economic growth of developing and least developed member states and if it claims not to be in isolation from public international law, then one of the most effective ways for poverty eradication is trade liberalization in the services sector creating more opportunities for raising standards of living and coming into compliance with the Doha Development Agenda. 70 This could also compliment the Johannesburg declaration strengthening “the interdependent and mutually reinforcing pillars of sustainable development — economic/social development and environmental protection — at the local, national, regional and global levels”. 71 The next part of the paper concentrates on Mode 4 of the GATS – temporary movement of natural persons to deliver services in line with the 2017 Buenos Aires MC “underlining

67 Navigational and Related Rights (Costa Rica v. Nicaragua), Judgment, I.C.J. Reports 2009, pp. 242, para. 64. 68 Ibid. p. 243, para. 66; see also: Aegean Sea Continental Shelf (Greece v. Turkey), Judgment, I.C.J. Reports 1978 , p. 32, para. 77.

69 WTO doc. WT/DS503/1 S/L/410, p. 1. 70 WTO doc. WT/MIN(01)/DEC/1 para 6.

71 Plan of Implementation of the World Summit on Sustainable Development (Report of the World Summit on Sustainable Development, Johannesburg, South Africa, 26 August-4 September 2002 (United Nations publication), is available on , [accessed 24 June 2018], p. 1.

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