|dc.creator||Zdravković, Uroš I.||
|dc.description||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
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.||en
|dc.publisher||Универзитет у Нишу, Правни факултет||sr
|dc.rights||Autorstvo-Nekomercijalno-Bez prerade 3.0 Srbija (CC BY-NC-ND 3.0)||
|dc.source||Универзитет у Нишу||sr
|dc.subject||Svetska trgovinska organizacija||sr
|dc.subject||World Trade Organization||en
|dc.subject||Dispute Settlement Understanding||en
|dc.title||Ostvarivanje distributivne pravde u sistemu rešavanja sporova pred svetskom trgovinskom organizacijom||sr