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This chapter seeks to establish how the Appellate Body recognizes certain values and systemic concerns in the WTO covered agreements through the principle of effectiveness. It also illustrates the relationship between the principle of effectiveness and contextualism. The function and meaning of the principle of effectiveness in the Appellate Body's interpretation of the WTO covered agreements illustrates why the ILC ultimately and wisely decided not to codify the principle. The principle is rarely the sole guidance and explanation for a particular interpretation. In most cases, it accompanies the application of other principles of interpretation and functions as a touchstone to review the possible meanings of the treaty language. The principle can also used be a vehicle to emphasize certain values in the treaty. This is common when an adjudicator continuously revisits the same treaty language.

This chapter examines the origins and parameters of the principle of effectiveness in the field of treaty interpretation, and applies it to a number of fields. This is relevant for interpreting treaties in general, for avoiding redundancy of treaty clauses, for interpreting exceptions, and construing the powers of international organisations and tribunals on the basis of the doctrines of implied and inherent powers. The chapter demonstrates that the principle of effectiveness is received in international jurisprudence without any substantial objection, and it negates the principle of restrictive interpretation, which is consistently rejected in jurisprudence.

This chapter examines the methods available to international courts to refer to the practice of other international judicial bodies, and to interpret and apply their procedure and remedies in similar ways. It begins by outlining the sources of law relating to procedure and remedies, which are principally the constitutive instruments and rules of procedure of international courts. Such instruments are not drafted in identical terms, and often contain lacunae. It examines what international courts do when faced with lacunae in these sources. It then discusses the concept of inherent powers in detail, argues that the exercise of such powers by international courts is justified, and reviews their relevant practice. The possible sources of inherent powers are examined, and it is concluded that they lie in the need of international courts to fulfil their functions, being, principally, the settlement of international disputes and the proper administration of international justice. These functions also serve as limitations on the exercise of inherent powers.

This chapter relates the principle of effectiveness to the arguably opposite argument of consensual nature of judicial jurisdiction. Focusing on the interpretation conferring jurisdiction to international tribunals, it concludes that the principle of consent cannot obstruct effective interpretation.

The (sub)principles of effectiveness is rather new for many lawyers. This novelty is partly because these principles are related not only to law from a more classical perspective but also to academic fields like social sciences and economics. Modern textbooks on administrative law are sometimes split into two parts: one part on administration and law and another part on law and administration. The first part is, from an administrative law perspective, the most innovative. It is mainly focused on policy, constitutional, and organizing aspects of the administration. The approach is contextual, and it draws on different disciplines. It deals with administrative developments, centralized and decentralized administration, the different types of administration, the management aspects of administration, the development of agencies, the different methods of internal and external coordination, and the position of the key players in the field of the administration. The second part concerns the analysis of the principles of judicial review as they have been developed by the courts, the ombudsman, and other controlling institutions. These principles are applied to control and structure the administration. It also takes full account of the legislative and political initiatives that are relevant for the development of administrative law, including the role played by the different powers in the state. In this chapter, we integrate these two parts of ‘administration and law’ and their corresponding approaches. This reflects the interdisciplinary nature of the development of the principles in general and more specifically in the (sub)principles of effectiveness. These principles can also be applied mutatis mutandis in other contexts that restrict the perspective of the administration in a narrow sense, like the administrative court and the fourth power institutions.

This chapter examines the interpretation of UN Security Council resolutions, as well as interpretation of institutional decisions in the WTO law. The general similarity with the interpretation of treaties and the relevance of effective interpretation is emphasised. As a follow-up on this chapter, this author's case review in AJIL (2008) should be consulted.