The Agreement Establishing the World Trade Organization: An original-analytical study of the foundations and characteristics

Abstract

This Research is dealing with the foundations and characteristics of the Agreement of  Morocco- 1994 (World Trade Organization Treaty- WTO treaty), and we concluded that :

• 1- The General Agreement on Tariffs and Trade GATT-1947) which created integral organs, that we (termed ((an innominate international organization)) developed to WTO-1994 .
• 2- The WTO treaty, is , to protect and observe of the commerce, industry, and hegemony of a super- state and developed countries in all over the world .
• 3- The WTO treaty does not contain the following matters: foreign debts, the effective responsibility or sanction, and the other kinds of damage or harm, such as, environmental harm.
• 4- The WTO treaty having the following characteristics:

                         A- a dual  nature: conventional - constitutional.          B - a dual rules in framework of multilateral treaty.                                                C - No Reservations.                        D- Soft law in frame work of hard law.                         E-Its(( obligations, are, bilateral not collective in nature, in other words, are not of the interdependent or “ all or nothing “” type, also, are not part of Jus cogens or obligations erga omnes (common or collective interest )   5- The principles of International Commerce must be consist with the fundamental principles of International Law.