الاتفاقية المنشئة لمنظمة التجارة الدولية : دراسة تأصيلية – تحليلية للأسس والخصائص

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.