ПРИНЦИП ДОБРЕ ВЕРЕ У ПРАВУ СВЕТСКЕ ТРГОВИНСКЕ ОРГАНИЗАЦИЈЕ
THE GOOD FAITH PRINCIPLE IN THE WTO LAW

Summary/Abstract: The good faith principle is one of the fundamentals of international law. It is used as the tool for the permanent research of the common accord of the agreements` parties, as well the vehicle for the coordinated and controlled evolution of such accord. This premise is especially valid for international agreements which establish the long term institutional framework,such as WTO agreement. It is obvious the lack of clear definition of good faith principle in the WTO law. On the other hand, the reference to the good faith in the WTO rules proves its significance and broad acceptability in international law and also eligible for the application in concrete discourse. The good faith principle has its procedural and substantive importance in the context of WTO law. Taking the criteria of application modality two modalities can be identified: the modality of interpretative application (good faith principle as the interpretative tool), which is based partially also on the rules contained in the Vienna Convention on the Law of Treaties enacted in 1969, and modality of the direct application (goodfaith principle as the autonomous procedural and substantive rule). While the interpretative modality of good faith principle`s application is undisputed, panels and appellate body still have reserve toward the modality of direct application (as the tool for in concreto judging on rights and duties of WTO member states).

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