РЕШАВАЊE СПОРОВА ПРЕД СВЕТСКОМ ТРГОВИНСКОМ ОРГАНИЗАЦИЈОМ И ГРАНИЦЕ МЕРОДАВНОГ ПРАВА
DISPUTE SETTLEMENT SYSTEM UNDER THE WORLD TRADE ORGANIZATION AND BORDERLINES OF APPLICABLE LAW

Summary/Abstract: The question of applicable law is of essence in discussing access to justice and legal protection under the WTO dispute settlement system because it determines which disputes are suitable for resolving under the WTO framework. The WTO dispute settlement system is primarily oriented towards protection of rights under the covered agreements. One of the central problem in this discussion is the competence of the WTO judicial bodies (panels and the Appellate Body) to resolve disputes concerning rights and obligations that are not regulated by the covered agreements. According to the rulings of the WTO judicial bodies, they only have jurisdiction to examine covered agreements as the only relevant and applicable law in dispute settlement proceedings. Some scholars support a strict conception of the WTO judicial bodies’ jurisdiction pertaining only to the WTO law. Some other authors suggest a more flexible approach, given that the WTO is neither “a closed legal circuit” nor a self-contained regime. As a branch or a sub-system of Public International Law, the WTO has to interact with other branches or subsystems, such as human rights treaties and international environmental protection agreements. Many scholars and experts insist that the WTO bodies must take into account the “new dimensions of international trade”, like environmental protection and human rights. Hence, the rules of free trade cannot be legally and politically excommunicated from general international law. Nevertheless, this assertion must be taken with caution: it would be the only way for ensuring protection of security and predictability of the multilateral trading system under the WTO. Therefore, it is important to establish clear borderlines and situations in which interaction with extrinsic sources of law is necessary

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