11. Macková, Darina: Trade-offs of the world trade: Doctrinal dilemas of the WTO dispute settlement



It is a well-known fact that the World Trade Organization (WTO) plays an active role in fragmentation of the International Law. This article concludes that the strict economic logic dominating not only trade negotiations but also the decision-making of the WTO Dispute Settlement, leads to failed promise of organization’s own commitments expressed in the Preamble of the WTO Establishing Agreement. Despite its specialised competence to interpret and enforce provisions and rules of the International Trade Law, the WTO (as every international organization) must respect and apply Public International Law in its integrity, including human rights and principles of environmental protection. Otherwise, both humanity and nature are to be put at the altar of global profit-making, while it is the international organization that would endorse this reality and equip the economic power with rubber-stamp of legality.