Světová obchodní organizace a ochrana zájmů soukromoprávních subjektů

The inception of the WTO on 1 January1995 was an important step in the development of the law of international trade. Based upon the promotion of a global market economy, i.e. the liberalisation of trade (reduction of tariffs and other barriers to trade), the elimination of discriminatory treatment in international trade relations and so on, it is intended to provide a common institutional framework for the conduct of trade relations among its Members in matters related to the agreements and associated legal instruments included in the Annexes to the WTO Agreement (the “WTO Agreements”). Though the WTO system is a creature of international law, its rules by implication being thus directed primarily toward the regulation of trade relations among states, effect upon the conduct of commercial activity cannot be ignored. The considerable role played by private enterprises (traders) in world trade and the fact that the regulation of international trade affects also interests of other members of society than traders (e.g. consumers) as well must be acknowledged. On the practical side, a company or an individual affected by an international trade decision will want to know, basing his claim on the stipulations of the WTO Agreements, if he can turn to the courts or other forums for redress. The questions these subjects will have to ask themselves involve, among others, whether and to what extent the international trade rules established under the auspices of the WTO create rights enforceable by individuals and in which forums they can be invoked. The focus of the paper is predominantly upon the analysis of the position of a private entrepreneur regarding remedies available to him for the protection of his interests, as established under WTO law, against actions (trade measures) of both domestic and foreign governments. As the analysis of all of the Members’ legal systems would be impractical, for the sake of illustration, the situation in the jurisdictions of the two largest trade blocks (the EU and the USA) is referred to. In the first part of the paper, the new WTO dispute settlement system is outlined and the availability of this remedy to a private complainant is addressed. The second part focuses upon the domestic administrative procedures which exist in the EU and the USA for the purpose of providing indirect private party access to WTO dispute resolution mechanisms. Subsequently, the availability of domestic judicial remedies to deal with international trade disputes is dealt with. Finally, an examination of the legal problems pertinent to the present state of affairs is made and an evaluation of the possible improvements is presented.