O pravu Svetske Trgovinske Organizacije: Asimetrija prava i obaveza kao ključna determinanta
The Law Of The World Trade Organization:assimetry Of Right And Duties As The Decesive Determinant

Summary/Abstract: Asymmetry (in terms of subjects and content) between two segments of WTO normative system (the "multilateralized" obligations of the member states on the one side, and the individualized rights of member states to waive from such multilateral- ized obligations, on the other) led to the dualism of available "justice" under the WTO law: distributive and corrective one. This asymmetry created tension which had to be settled by viable compromise. This compromise, based on balanced approach, pro- vided the principal prevalence of the multilateralized obligations` system (obligations to protect "expectation interest"), subject to the corrigendum established by WTO settlement of disputes' system: this corrigendum establishes the presumptions which have to be fulfilled in order to prevent the fraudulent use of the member states' right to initiate procedure before panels and appellate bodies of WTO. If this corrigendum would have not been accepted, the WTO system could be characterized as "fully multilateralized" set of legal rules. But, in this way, such character is relativised which is in accordance with the primary goal of WTO. World Trade Organization is the key in- stitution in terms of universally applicable regulation of international economic rela- tions. The WTO can not impose the measures without consensus reached among the member states, because the law generated in the framework of World Trade Organi- zation is, de lege lata, of intergovernmental and not supranational origin). So, it can be confirmed that the WTO law as the normative system (structured as the coherent set of legal rules) is the result of mutually and consensually agreed goals of the World Trade Organization. And this is exactly the ratio for the (by WTO Agreements) estab- lished asymmetry of member states (multilateralized) obligations and (individualized) rights (rights to waive from mutliateralized obligations). Construed in abovemen- tioned way, WTO law influences the national regulatory systems to "self-censure" their activities, having in mind necessity of the state participation in the system of world economy. National regulators have to take care about the need to harmonize national trade rules with the correspondent WTO norms. Their job is made much eas- ier because the WTO law protects their "expectation interest", e. g. expectation that other WTO member states will also respect and follow the rules and principles of WTO law. On the other hand, the influence of WTO system, structured in abovemen- tioned way, is obvious in terms of behave of economic operators: they will be more willing to establish and develop the economic relations with operators from other countries, because the confidence to the behavior not only of their home country gov- ernment, but also of the governments of the other WTO member states...

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