УЛОГА СВЕТСКЕ ТРГОВИНСКЕ ОРГАНИЗАЦИЈЕ У РАЗВОЈУ МЕЂУНАРОДНОГ ПРАВА КОНКУРЕНЦИЈЕ
THE ROLE OF WORLD TRADE ORGANIZATION IN THE DEVELOPMENT OF THE INTERNATIONAL COMPETITION LAW

Summary/Abstract: Ratio legis of international competition law is the possibly of distortion of competition on national market, distortion caused by the acts of foreign economic actors (actors who are under the sovereignty of other states). Consequently, the efforts to establish fully sustainable and universally acceptable legal tool for the protection of competition on international market took place. For the time being, it is necessary to conclude that rules of competition law are (still) not eligible to be captured in the single international agreement. The experiences from the different activities conducted in the framework of World Trade Organization with the aim to create a unique and efficient legal framework for competition law rules indicate two main obstacles of this process: first is generated from the fear of developing countries that the creation of international competition law could lead to the broader liberalization of their, already vulnerable economies; second is the different structure of legal norms regulating the protection of competition and those regulating the international trade in general. Namely, the competition law norms are by nature legal standards; on the other hand, the rules for international trade regulation in the framework of WTO (WTO law) are based on mutual concessions regarding the right to pursue economic activities in the territory of other WTO member state. The stagnation of development of international competition law as the part of WTO law can be overcame successfully by means of creative interpretation of already existing normative tools of WTO covered agreement. Those tools (norms) can be used as the legal base for the protection of international market from the distortion of competition. This could, by all means, be considered as the incentive for further activities inside the WTO system directed to the establishment of unified international competition law.

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