3. Paragraph 1 applies between a member and another member who has joined under Article XII only if the member who does not accept the application has informed the Ministerial Conference of the terms of membership before the agreement is approved by the Ministerial Conference. We therefore believe that a decision by members that has not made a decision under the WTO agreement may constitute a “later agreement” on the interpretation of a provision of an agreement covered within the meaning of Article 31, paragraph 3, point a), of the Vienna Convention. … In addition, Article XVI:4 of the Marrakesh Agreement establishing the World Trade Organization is a general context for all covered agreements. … … This provision provides for a clear obligation for all WTO members to ensure that their existing laws, regulations and administrative procedures are in compliance with the obligations arising from the covered agreements. 2.
Membership decisions are made by the Ministerial Conference. The Ministerial Conference approves the agreement on the terms of membership by a two-thirds majority of WTO members. 2. The agreements and related legal instruments, known as multilateral trade agreements, which are contained in Schedules 1, 2 and 3, are an integral part of this agreement and are binding on all members. … given the particular function of multilateral interpretations adopted in accordance with Article IX:2 and the fact that these interpretations are adopted by members in the form of the highest levels of the WTO, these interpretations are most comparable to the subsequent interpretive agreements covered by Article 31, paragraph 3, point a) of the Vienna Convention. … We draw attention to the fact that the multilateral interpretations adopted in accordance with Article IX:2 of the WTO agreement, on the one hand, and subsequent interpretive agreements within the meaning of Article 31, paragraph 3, point a), of the Vienna Convention, perform different functions and have different legal effects under WTO law. Multilateral interpretations under Article IX:2 of the WTO agreement provide a means by which members – who act through the highest levels of the WTO – can adopt binding interpretations that clarify WTO law for all members.