For those of you who are in to treaty interpretation, this is from last week's China - Raw Materials Appellate Body report:
320. In addition, we note that Article XI of the GATT 1994 is entitled "General Elimination of Quantitative Restrictions". The Panel found that this title suggests that Article XI governs the elimination of "quantitative restrictions" generally. We have previously referred to the title of a provision when interpreting the requirements within the provision. In the present case, we consider that the use of the word "quantitative" in the title of the provision informs the interpretation of the words "restriction" and "prohibition" in Article XI:1 and XI:2. It suggests that Article XI of the GATT 1994 covers those prohibitions and restrictions that have a limiting effect on the quantity or amount of a product being imported or exported.
(footnotes omitted)
The issue of the relevance of the title of a provision is of particular interest to me in relation to "National Treatment" provisions. There is some debate, especially in investment treaty circles I think, over whether non-discrimination obligations in National Treatment provisions only prohibit "nationality-based" discrimination (see this old post). To me, the use of "National Treatment" in the title of these provisions makes clear that "nationality-based" discrimination is the focus. (Of course, the other side, even if they accept the value of titles to the intepretive analysis, probably still reaches a different conclusion even when the title is taken into account.)
