Title
Ostvarivanje distributivne pravde u sistemu rešavanja sporova pred svetskom trgovinskom organizacijom
Creator
Zdravković, Uroš I. 1984-
Copyright date
2018
Object Links
Select license
Autorstvo-Nekomercijalno-Bez prerade 3.0 Srbija (CC BY-NC-ND 3.0)
License description
Dozvoljavate samo preuzimanje i distribuciju dela, ako/dok se pravilno naznačava ime autora, bez ikakvih promena dela i bez prava komercijalnog korišćenja dela. Ova licenca je najstroža CC licenca. Osnovni opis Licence: http://creativecommons.org/licenses/by-nc-nd/3.0/rs/deed.sr_LATN. Sadržaj ugovora u celini: http://creativecommons.org/licenses/by-nc-nd/3.0/rs/legalcode.sr-Latn
Language
Serbian
Cobiss-ID
Theses Type
Doktorska disertacija
description
Datum odbrane: 27.06.2018.
Other responsibilities
mentor
Ćirić, Aleksandar 1952-
član komisije
Cvetković, Predrag 1970-
član komisije
Vukadinović, Radovan
Academic Expertise
Društveno-humanističke nauke
University
Univerzitet u Nišu
Faculty
Pravni fakultet
Group
Katedra za međunarodno-pravne nauke
Alternative title
Implementation of distributive justice under the dispute settlement system of the world trade organization
Publisher
[U. I. Zdravković]
Format
387 listova
description
Bibliografija: listovi 336-386.
description
International trade law
Abstract (en)
The aim of distributive justice is positive change of behavior of
the WTO member which violates provisions of this Organization.
That leads to the security and predictability of the multilateral trading
system in the future.
Violations of the WTO norms and principles which occur as a
result of internal acts of certain WTO member, bring to the
deprivation of legitimate expectation interest of other members. When
that occurs, another WTO member may activate a mechanism for
settlement of disputes through the Dispute Settlement Understanding
(DSU).
The WTO dispute settlement system represents basic mechanism
for implementation and protection of distributive justice. The most
important task in implementation and protection of justice in the
WTO lies on the DSU judicial bodies – panels, Appellate Body (AB)
and arbitration, which, after conducted procedure, make reports
concerning alleged violation of the WTO norms. The primary
function of these reports is a correction of inconsistent measures
through formulating recommendations to a WTO member to bring its
law and practice in conformity with provisions of the WTO law.
If respondent WTO member complies with recommendations, the
benefit of such positive change behavior will be distributed to the all
WTO community, and not just to a member which had interest to
initiate procedure because of concrete impairment that it suffered.
This represents manifestation of distributive justice.
If respondent member fails to comply with recommendations, the
complainant WTO member has several legal options, while the last
resort which the DSU provides to the WTO member invoking the
dispute settlement procedures is the possibility to retaliate, i.e.
suspending the application of concessions or other obligations on a
discriminatory basis vis-à-vis the other Member.
In evaluating and criticizing the WTO dispute settlement system
we have to consider all objective circumstances on which this system
cannot influence. In these circumstances, it can be ascertained that
this system is not ideal, nor can it ever become. Nevertheless, under
today's constellations of international relations, for the WTO dispute
settlement system may be concluded that it efficiently contributes to
the implementation of distributive justice. Nevertheless, it can be also
significantly improved in some segments.
Authors Key words
Svetska trgovinska organizacija, rešavanje sporova,
distributivna pravda, DSU Sporazum
Authors Key words
World Trade Organization, Dispute Settlement, Distributive Justice,
Dispute Settlement Understanding
Classification
339.52(043.3)
Subject
S 144
Type
Tekst
Abstract (en)
The aim of distributive justice is positive change of behavior of
the WTO member which violates provisions of this Organization.
That leads to the security and predictability of the multilateral trading
system in the future.
Violations of the WTO norms and principles which occur as a
result of internal acts of certain WTO member, bring to the
deprivation of legitimate expectation interest of other members. When
that occurs, another WTO member may activate a mechanism for
settlement of disputes through the Dispute Settlement Understanding
(DSU).
The WTO dispute settlement system represents basic mechanism
for implementation and protection of distributive justice. The most
important task in implementation and protection of justice in the
WTO lies on the DSU judicial bodies – panels, Appellate Body (AB)
and arbitration, which, after conducted procedure, make reports
concerning alleged violation of the WTO norms. The primary
function of these reports is a correction of inconsistent measures
through formulating recommendations to a WTO member to bring its
law and practice in conformity with provisions of the WTO law.
If respondent WTO member complies with recommendations, the
benefit of such positive change behavior will be distributed to the all
WTO community, and not just to a member which had interest to
initiate procedure because of concrete impairment that it suffered.
This represents manifestation of distributive justice.
If respondent member fails to comply with recommendations, the
complainant WTO member has several legal options, while the last
resort which the DSU provides to the WTO member invoking the
dispute settlement procedures is the possibility to retaliate, i.e.
suspending the application of concessions or other obligations on a
discriminatory basis vis-à-vis the other Member.
In evaluating and criticizing the WTO dispute settlement system
we have to consider all objective circumstances on which this system
cannot influence. In these circumstances, it can be ascertained that
this system is not ideal, nor can it ever become. Nevertheless, under
today's constellations of international relations, for the WTO dispute
settlement system may be concluded that it efficiently contributes to
the implementation of distributive justice. Nevertheless, it can be also
significantly improved in some segments.
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