From Article 14.10 of the leaked CETA text (page 474):
5. The panel shall interpret the provisions referred to in Article 14.2 in accordance with customary rules of interpretation of public international law, including those set out in the Vienna Convention on the Law of Treaties. The panel shall also take into account relevant interpretations in reports of Panels and the Appellate Body adopted by the WTO DSB. ...
That second sentence is interesting. How exactly should CETA panels "take into account" WTO panel and Appellate Body interpretations? Cite to them, but feel free to go their own way? Follow them as closely as possible? What if the customary rules of interpretation lead the CETA panel to a different result than what the WTO panel/Appellate Body found?
And what happens when -- don't be shocked -- WTO panel and Appellate Body interpretations are a bit unclear?
