МЕДИЈИ У ФУНКЦИЈИ ОСТВАРИВАЊА ЉУДСКИХ ПРАВА: ПРИМЕР МЕЂУНАРОДНОГ ТРГОВИНСКОГ ПРАВА
Media in the function of human rights: an example of international trade law

Summary/Abstract: The relationship of the media as a multi-dimensional phenomenon and international law, including norms protecting human rights is characterized by the influence of the media on this system (mediatization of international law). The main result of international law`s mediatization is the legitimization of certain specific behaviors, incidents and situations as the relevant regulatory object of the norms from the scope of international law. Media law and its role in the modern world is characterized by double-track regulatory paradigm, which has an effect on the international legal regulations. The first paradigm is referred to as "positive" one. This paradigm is relevant for the so called „good“ media crystallizing legal and political viable and ethically justifiable tendency of the international community. Media with described features are encouraged and supported by international legal norms. The second paradigm of relations between media and international law is based on the premise that international law sanctions the harmful media activities, thus reducing the potential negative effect of such activities. When it comes to international law on foreign investment, the role of the media is important in a situation where investment legislation protecting key social values (such as the environment, and therefore the individual's right to a healthy environment) comes into conflict with the economic interests of powerful corporations. In the case of the WTO, the initial assumption for the discussion of relationship between law of World Trade Organization and human rights law is that, to the extent that the norms on the protection of human rights are of peremptory (ius cogens) nature, they must take precedence over the rules of law established by the World Trade Organization. The protection of human rights in the system of the WTO is carried out in accordance with the principle of proportionality. However, the WTO obligations to protect human rights has its limits. At the end of the day, WTO law and system of the human rights law should function as a coordinated, but basically autopoietic systems.

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