Aktivna legitimacija u postupku rešavanja sporova pred Svetskom trgovinskom organizacijom

Abstract

The issue of locus standi in the dispute settlement system before the World Trade Organization (WTO) is attached to the entities which can be parties to a disputes, as well as to conditions for the status of complainant or respondent in the certain dispute. Formally, the WTO dispute settlement system is considerably open for all WTO members in the initiating stage of dispute. The WTO members have unlimited autonomy regarding commencement of procedure and locus standi is not subject to ex ante control by any institutional body of the WTO. Nevertheless, the WTO members are expected to act in good faith during initiation of procedure. The WTO member should, in good faith and with appropriate level of 'self-regulation', evaluate possible outcome of a dispute and, in accordance with it, decide about initiation of procedure against another member. The standing before the WTO dispute settlement system is exclusively reserved for the WTO members. Non-member states and territories have no access to this forum. Also, private entities and companies have no locus standi. Private entities cannot be subject to the WTO norms and cannot enjoy rights and benefits from the WTO law. Giving the locus standi to private entities would cause fundamental reform of the WTO legal system by imposing the principle of direct effect of the WTO norms. Consequenses of such reform would be unforeseeable. It would also lead to disturbance of the established balance of rights and obligations inside the WTO. Companies, nevertheless, through their formal and informal operating, can have a significant de facto role in procedures before the WTO dispute settlement system.