المستخلص: |
Definitely discussing matters relating to sovereignty, is one of the most important topics to be discussed within the legal discipline, considering Sovereignty is the basic pillar of state either in the internal or international law, which was the focal point of law and politics scholars since the sixteenth century when Jean Bodin published his Six Books on Republic. Sovereignty has a tied relationship to the concept of Independence, thus, sovereign state is that which is capable to practice both internal and external features of sovereignty without interference by any other state or organization, therefore the concept of sovereignty includes two meanings: the first is the state absolute supreme authority to practice it's functions within its territory, and the second is the capacity to get involved in equal relations with other states. Post Second World War, states adopted the principle of (Economics should command politics), which means that political objectives should fall into the economic interest to reform systems destructed by the war and to create money balance around the world. Thereof, three international organizations established to achieve such purpose, i.e. International Monetary Fund, International Bank for Reconstruction and the WTO (Breton Woods Institutions). Non- interference theory is regarded as one of most important effects of the principle of state sovereignty. Types of interference are many, one of them- especially in contemporary era- is the economical interference, which is the core of this research paper in which researchers tried to express the effects of trade on sovereignty via introducing the establishment of the WTO, demonstrating the reality of international trade within the WTO and finally how WTO affects national sovereignty. This was done by adoption of the historical, descriptive and analytical approaches. Researchers concluded to find that sovereignty of low-power states is restricted by the boarders of keeping market laws and flexibility towards taxes on direct investments, also they found that states are enforced to subject its national legislations, particularly those related to environment, labor and public health, to match WTO standards. Moreover, they found out that WTO prohibits states to establish protective procedures for their products, which mean these states, are not allowed to protect their national products and consequently not allowed to protect the national producer and labor, versus the imported foreign productions. The mentioned conclusions show an obvious transformation in the absoluteness of sovereignty as one of its significant features.
|