NATIONALISTS AND ENVIRONMENTALISTS WHICH ARE ANTI-GLOBALIZATION AND THE WTO

Suhail Hussein AL-FATLAWI¹

¹Professor of International Law -Faculty of Law - University of Jerash- Jordan

Keywords:Globalization Organization Freedom Trade Culture Environment.

ARTICLE HISTORY: Received:26 February 2018. Revised:30 March 2018. Accepted:10 April 2018. Published:16 April 2018.

Contribution/ Originality:This study contributes to the literary statement in the legal culture of the World Trade Organization. This study is based on the applied scientific method in the role of the World Trade Organization in eradicating the national feelings of peoples and the dominance of the United States of America in imposing its culture on countries. The study used scientific methodology in scientific research New information.

1. INTRODUCTION

Globalization is a new political, legal, administrative and economic system aimed at imposing a new international order on the State, through the World Trade Organization (WTO).

Globalization dates back to 1947, when the GATT was concluded. In 1994 the WTO convention was signed in Morocco, which entered into force in 1995. The WTO is the real leader in the application of globalization in the world.

Globalization and WTO, reflect the ideology of the United States of America, will apply on the countries of the world, which aimed with the coloring the world in one color.

Globalization and the World Trade Organization face many opposing challenges. These challenges include religious, national cultural, and environmental challenges.

The problem caused by globalization is that it is against national sentiment, as it caused environmental damage, which we will discuss in this research. This requires that we brief ourselves on globalization and the WTO.

FIRST- THE CONCEPT OF GLOBALIZATION AND WTO

1.The Concept of Globalization

The term globalization is derived from the word globalize, which refers to the emergence of an international network of economic systems (Globalization, 2012). Globalization is the increasing interaction of people through the growth of the international flow of money, ideas and culture. It is primarily an economic process of integration which has social and cultural aspects as well. It involves goods and services, and the economic resources of capital, technology and data (Albrow and Elizabeth, 1990).

Paul James defines globalism, "at least in its more specific use, ... as the dominant ideology and subjectivity associated with different historically-dominant formations of global extension. The definition thus implies that there were pre-modern or traditional forms of globalism and globalization long before the driving force of capitalism sought to colonize every corner of the globe (Paul, 2006). Some critics argue that the dominance of American culture influencing the entire world will ultimately result in the end of cultural diversity. Such cultural globalization may lead to a human monoculture (Jaffe, 2014). This use of the term originated in, and continues to be used, in academic debates about the economic, social, and cultural developments that is described as globalization (Martell, 2007).

Anfred Steger, professor of Global Studies at the University of Hawaii at Manoa argues that globalization has four main dimensions: economic, political, cultural, and ecological, with ideological aspects of each category. David Held's book Global Transformations is organized around the same dimensions, though the ecological is not listed in the title. This set of categories relates to the four-domain approach of circles of social life, and Circles of Sustainability (Steger, 2009).

Trade globalization is a type of economic globalization and a measure (economic indicator) of economic integration. On a national scale, it loosely represents the proportion of all production that crosses the boundaries of a country, as well as the number of jobs in that country dependent upon external trade. On a global scale, it represents the proportion of all world production that is used for imports and exports between countries (Brady, 2011). Erreygers and Vermeire define trade globalization as "the degree of dissimilarity between the actual distribution of bilateral trade flows and their gravity benchmark, determined only by size and distance" (Jaffe, 2014). They note that trade globalization would be maximized in a situation where only size and distance affected the intensity of bilateral trade flows - in other words, in a situation where neither trade barriers nor other factors would matte (Erreygers and Mieke, 2012). Globalization aims to abolish nationalist sentiments by imposing special American values on peoples.

2. Concept of the WTO

In 1994, the WTO convention was signed in the city of Morocco, by 123 nations on 15 April 1994, replacing the General Agreement on Tariffs and Trade (GATT), which commenced in 1948. The WTO is an intergovernmental organization that regulates international trade. The WTO officially commenced on 1 January 1995 under the Morocco convention, It is the largest international economic organization in the world. The WTO deals with regulation of trade in goods, services and intellectual property between participating countries by providing a framework for negotiating trade agreements and a dispute resolution process aimed at enforcing participants' adherence to WTO convention, which are signed by representatives of member governments ratified by their parliaments. Most of the issues that the WTO focuses on derive from previous trade negotiations, especially from the Uruguay Round (1986–1994) (Malanczuk, 1999).

Among the various functions of the WTO, these are regarded by analysts as the most important

• Duty to review and propagate the national trade policies.
• Ensure the coherence and transparency of trade policies through surveillance in global economic policy-making.
• WTO shall assistance of developing, least-developed and low-income countries in transition to adjust to WTO rules and disciplines through technical cooperation and training.
• WTO oversees the implementation, administration and operation of the covered agreements.(42)and (43).
• WTO provides a forum for negotiations and for settling disputes.(44) and(45).
• The WTO shall facilitate the implementation, administration and operation and further the objectives of this Agreement and of the Multilateral Trade Agreements, and shall also provide the frame work for the implementation, administration and operation of the multilateral Trade Agreements.
• The WTO shall provide the forum for negotiations among its members concerning their multilateral trade relations in matters dealt with under the Agreement in the Annexes to this Agreement.
• The WTO shall administer the Understanding on Rules and Procedures Governing the Settlement of Disputes.
• The WTO shall administer Trade Policy Review Mechanism.
• With a view to achieving greater coherence in global economic policy making, the WTO shall cooperate, as appropriate, with the international Monetary Fund (IMF) and with the International Bank for Reconstruction and Development (IBRD) and its affiliated agencies (Sinha, 2014).
• The WTO monitors the economies of countries.

The WTO agreements are lengthy and complex because they are legal texts covering a wide range of activities. But a number of simple, fundamental principles run throughout all of these documents. These principles are the foundation of the multilateral trading system. Five principles are of particular importance in understanding both the GATT and the WTO: Non-discrimination, Reciprocity, Binding and enforceable commitments, Transparency, and Safety values (Understanding, 2011).

The WTO is the main body that implements of globalization. Although the WTO is an economic organization, it has political aspects that are imposed on state policies.

In theory, the WTO membership system is based on equality among members, the real deal is the US control of the organization.

SECOND NATIONAL CHALLENGE

Cultural globalization refers to the transmission of ideas, meanings, and values around the world in such a way as to extend and intensify social relations (James, 2006). While ideologies of the global have a long history, globalism emerged as a dominant set of associated ideologies across the course of the late twentieth century. As these ideologies settled, and as various processes of globalization intensified, they contributed to the consolidation of a connecting global imaginary (Steger, 2008).

One of the challenges facing the WTO is the national challenge. The Organization has faced many problems in this area because of the acute dispute between the United States and France, which attaches great importance to its heritage and cultural identity. This dispute is determined by the scope and style of liberalization of the sector that is part of the entertainment services. The fear of the French is what it means to liberate this sector altogether from opening the way to the invasion of American culture through films and recordings of the French market because of the enormous American production in these areas and acceptance by the French citizen and on this basis was agreed to form a negotiating group to continue until the end of June 1996.

This was accompanied by the linking of the media with the modern electronic means and the creation of a communication system based on the interconnectedness of these means led to the launch of a media revolution that showed tremendous potential for the development of human life and then control. These quantities of mental energy generated by media technologies owned or managed mostly media institutions Operates across countries, private and multinational companies. There is no doubt that the success of Western countries in the use of these means in the dissemination of Western culture represents a major revolution management and management of wars from afar without being damaged by harm and without the use of armies (Abdellah, 1997).

The United States of America is working towards the abolition of national cultures, their abolition and their exclusion from the hegemony of the State and the adoption of a policy that is not subject to national values and standards but to the criteria of survival in the context of global competition (Alaa, 2001). And changing the concepts and behavior patterns of societies towards tastes and behavior. More precisely, Westernization of culture in all countries of the world (Galal, 1999).

The freedom of world trade is a system that empties the collective identity of all content and leads to fragmentation and fragmentation, linking people to a world that is scattered or plunged into civil war. With the normalization with the hegemony and surrender to the process of cultural follow-up comes the loss of the sense of belonging to a nation or nation or state, and thus emptying the cultural identity of all content.

The freedom of world trade is a world without a state, without a nation, without a homeland. It is the world of global institutions and networks, the world of "actors", the messengers, and the "aggressors" who are the consumers of goods, images, "information" and the movements and attractions imposed on them. Their "home" is the "information" space created by communication networks, the space that dominates the economy, politics and culture.

The freedom of world trade is a system that jumps over the state, the nation and the homeland. A system that wants to lift barriers and barriers to multinational networks, institutions and corporations, thereby dissolving the national state and making its role limited to acting as a policeman for global hegemony networks. The freedom of world trade is based on privatization, that is, the expropriation of the homeland, the nation and the State and its transfer to private individuals at home and abroad. Thus, the state becomes a body that does not have, does not monitor or direct. And weaken the authority of the state and reduce its presence in favor of the freedom of world trade inevitably lead to the awakening and awakening frameworks of belonging before the nation and the state, namely the tribe and sect and sectarianism and fanaticism etc ... And push them all to fight and rivalry and mutual annihilation to tear the national identity of national culture ... To civil war (Mohammed, 2010).

The United States of America proceeds from its own point of view and from the prevailing system of government to its dissemination to all peoples of the world. Its own view is based on the fact that the American society is multi-religious, multi-ethnic and multi-ethnic. The coexistence of these different societies was based on the common culture of the United States of America. The United States is trying to transfer its experience to the countries of the world. It has found that most international conflicts and civil wars erupt between countries because of religious intolerance and national and ethnic intolerance. The United States of America believes that the transfer of the American experience will reduce international conflicts based on religious, national and ethnic intolerance. This requires, above all, the elimination of national, religious and ethnic sentiments through the dissemination of American culture and its imposition on the world. It is from this logic that the United States of America has embarked on a large and wide-ranging war against religious and national organizations and countries that adhere to religion and nationalism. The Arab country's share of this campaign was great and harsh. Objectively speaking, the American experience cannot be applied because the basis on which it was based is fundamentally incorrect. American society was not united in cultures. And that its civilization is based on the spirit of competition and acquisition, which overwhelms the machine and the transformation of the society model of production and exchange, which melt historical and human privacy (Sinha, 2014). Such a civilization is certainly incompatible with the traditions of many peoples of the world. Nationalist countries in the Arab world have witnessed civil and international wars such as Iraq, Syria, Egypt, Yemen and Libya, killing, injuring and displacing millions of civilians.

 Globalization Affects National Identity In General from the Following:

1. Global capital dismantles the nation-states that were formed in the previous stages by national liberation movements on narrow ethnic and sectarian bases in the interest of the world market in the calculation of national realities and national development;
2. The era of global free trade has witnessed a remarkable growth in the drug trade and organized crime globally and their overlap with the money capital. Which affect national identity;
3. Studies show that the impact of free global trade in the environment is catastrophic, as the entire planet is threatened with mass destruction. It is clear that the land on which a group of people live contributes to the realization of national identity and that environmental pollution imposes on the person alienation outside his homeland;
4. The freedom of international trade has removed national and national walls that have limited the freedom of movement of capital, corporations and multinational corporations and their sphere of action. Globalization like the flood is sweeping in front of it and in front of its façades, the most dams and monuments (Steger, 2009). This means that national identity lost its identity when it was integrated into other societies;

One of the most important factors in the implementation of Western political values is due to the depth of Western political philosophy that swept through the world through the colonial movement and then the influence movement that followed with the lack of many countries and societies around the world to political systems and political structure that could challenge the Western political system in terms of regulation at the state level Or in terms of the management of the state in its internal environment at the level of political participation and the political movement between the top of the political pyramid and its popular base and mutual influence between them (Saleh, 2011). The West has harnessed this tremendous momentum of its political, media and media successes to a clear and decisive battle to spread Western social and cultural values across the political, economic and media dimensions. All these dimensions were prepared through the concept of free world trade to the battle of social and moral change around the world, so that Western values become the index of international values, and therefore Western success can claim to be a self-dedicated, renewable and dynamic success not within the system of Western countries but also the Third World countries. The freedom of world trade as a particular economic system has served to propagate a particular pattern of culture that contradicts national principles. Every religious, economic or social system has a culture that is in harmony with it. The economic system and international trade affect the behavior of human societies directly (Understanding, 2011). Arab nationalism is considered one of the most important challenges to the freedom of world trade. The Arab people are adhering to its Arab Islamic heritage and national heritage, and as an integral part of its character. Nationalistic feelings no longer concern the Arab citizen. The situation in the stages of the modern Arab state from the beginning of the last century to 1991 after the war in Iraq and the collapse of the socialist bloc, the decline of national sentiment to a large extent. All that is in the media and education is the use of social communication by imposing an international communication culture instead of the national cultures of each society.

THIRD- THE ENVIRONMENTALISTS CHALLENGE OF THE WORLD TRADE ORGANIZATION

Over the past decade, environmental issues have imposed themselves strongly at the international, regional and national levels and in all the various activities, especially when environmental conditions have reached a critical and near-imbalance limit. These issues are no longer only a threat to the future but a serious reality that threatens the lives of present generations , Non-renewable natural resources are threatened with depletion and biodiversity is threatened with extinction and the phenomena of climate change are increasing in the form of severe waves of drought or deadly floods as a result of the human activities of the decline of forests and the extent of desertification and the high concentration of the second Carbon dioxide, ozone layer erosion, global warming and other environmental imbalances. It was therefore necessary for environmental issues to be a top priority for attention at the global level and that all developed and developing countries should work together to address and address those issues. In this context, environmental issues and considerations should also be important issues itself on the policies and systems of international trade (M. M. E, 2010).

In this regard, the international community seeks to achieve an appropriate formula for reconciling the objectives of the liberalization of international trade with the removal of constraints on it and the environmental objectives that may place restrictions on trade and constitute a new type of protectionist measure. The decisions of the Uruguay Round and the WTO membership commitments and commitments are the thrust of developed countries towards including environmental considerations in international trade systems and policies. These trends take patterns and images that call for more fear and concern. By developing countries, developed countries are not only adopting fair environmental trade measures to ensure that all countries will take risks for the population, plants and animals, but rather impose their national environment standards on other client countries. These standards extend not only to products In terms of characteristics and specifications, but rather to the conditions of production, the framework and the regulatory and legislative framework that governs the producing Countries, regardless of the protectionist implications that run counter to considerations of international trade liberalization (M. M. E, 2010).

The global issues on trade and the environment in fact carry noble goals and objectives, but the divergence of environmental concerns in the current stage between developing and developed countries, as well as the different stages of economic development of each of them, invites developing countries to a degree of suspicion and reservation about the trends raised and calls attention to what The introduction of those issues could involve a marked bias to their disadvantage and the significant implications for the trade and development situation of those Countries1.

Under the GATT, international policies have evolved towards liberalizing world trade in goods and services so that trade is based on non-discrimination between nations. However, under the GATT, there are no specific provisions or conventions on environmental issues and no environmental standards or standards have been set for trade. For example, there are no specific rules for distinguishing between timber exported from countries that first follow sustainable forest management policies or meat products from livestock raised under open grazing systems or in closed barns. These criteria were therefore one of the reasons for The United States, for example, imposed a ban in the early 1990s on Mexican tuna shipments not because of the same strain, but because Mexican fishermen use nets that kill dolphins, which is in contrast to the local US specifications of the nets Used for hunting in order to protect dolphins2.

While the GATT in its recent tour of Uruguay did not include a specific environmental agreement, the SPS Agreement identified measures that Countries could take to protect populations, plants and animals from any risk of transmission of epidemics, diseases or vector objects Through plants or animals or their derivatives or additives, contaminants and toxins in food and beverages. The Convention on Technical Barriers on Trade (TBT) provides technical rules that are more consistent with environmental objectives. These Convention countries that no State has the right to prevent another State from applying the standards it deems necessary to protect the health and human life Plant and animal provided that these criteria do not constitute unjustifiable means of discrimination.

During the final stages of the Uruguay Round, especially the ministerial meeting held in Marrakesh, which resulted in the declaration of the establishment of the World Trade Organization (WTO), environmental considerations took a clearer and more prominent interest. These concerns were reflected in the preamble to the Convention of the World Organization: Parties need to protect and preserve the environment and increase the means to implement it in a way that is consistent with their respective needs and interests according to different levels of economic growth3. 

At the Marrakesh meeting, Countries and especially developed countries also called for the establishment of a subcommittee on the coordination of trade and environment policies, the reference elements for their tasks were:

• The relationship between the multilateral environmental agreements and the rules of trade in the World Trade Organization. The relationship between the global trading system and the imposition of environmental charges and product requirements, including technical standards, addressing and markings;
• The relationship between the dispute settlement mechanism of WTO and those of multilateral environmental agreements;
• The impact of the use of environmental standards on market access, especially on developing countries.
• Exporting goods that are prohibited locally;
• TRIPS and their relation to the environment.
• Environment and trade in services4 .

Environmental trends that developed countries seek to include in trade and the concerns of developing countries:
The face of the environmental risks facing the world today deserves a lot of efforts and attention from all countries of the world, and deserve a great deal of coordination and joint action in a number of areas, and in this context it is natural that each country has the right to monitor the potential impacts it contains on To the last trade with other countries to protect their environment against potential damage. At the same time, however, each country has a common but different responsibility in facing the problems of the global environment. However, the increasing trends of environmental considerations in international trade have become a  environmental and health standards, performance standards, eco-friendly practices, environmental specifications and product information, or eco-labeling, based on life-cycle analysis of the product, process standards Which define the permitted level of technology and production processes) of high levels by the developed countries a kind of trade protection that developing countries see as unfair and reduce their ability to reach markets and go into the wind with what may be acquired by some of these elements of the feature The relative competitiveness.5  On the other hand, what developed countries seek to impose on other countries of their own environment standards, in the case of responding to it, will lead the environmental policies of developing countries to adapt to the orientations and interests of developed countries. Thus, environmental and national priorities become a reflection of what foreign markets desire rather than interests of developing countries6 . The issue of environmental pricing and the introduction of direct and indirect environmental costs such as the costs of natural resources such as water and the indirect effects of pollution is particularly important in the concerns of developing countries, which, if included in the principles of international trade, will result in the suspension of many developing countries from the production of many products, Agricultural, food and almost complete dependence on imports, which is inconsistent with national security considerations7 . The search for effective, sustainable and multi-faceted solutions depends primarily on the degree of expansion, nature and politicization of problems.  International cooperation has a vital role to play in halting and reversing the potential adverse effects of human activities on the environment. The Commission on Sustainable Development and the newly strengthened United Nations Environment Program (UNEP) are key elements in this endeavor. In 1998, the Commission paid special attention to the role of industry in the development of sustainable development strategies. For the first time in an intergovernmental framework within the United Nations, the Commission held a policy debate among Governments, the private sector, trade unions and civil society organizations on an equal footing. This led to agreement on a multi-stakeholder review of voluntary initiatives to promote environmentally and socially responsible business practices and investments. These meetings will become standard features of the sessions of the Committee. In June 1997, at its special session "Rio + 5", the General Assembly considered a study warning that if preventive measures were not taken, two thirds of the world's population would face problems related to freshwater scarcity and water quality by 2025; , A series of international meetings have sought to identify appropriate policy responses in this area. On the other hand, at its first session, in September 1997, the Intergovernmental Forum on Forests of the Commission adopted a three-year program of work, including consideration of the possibility of developing a binding instrument for the sustainable development of forests and their resources (Report of the Secretary-General of the World Trade Organization, 1998).

Accordingly, the freedom of world trade imposed a serious environmental situation, which made the environment a challenge to the World Trade Organization and a challenge to achieve its objectives. Despite the fact that many international conventions have been concluded, the environmental problem remains a major challenge to the freedom of world trade. In order to preserve the environment and resist the policy of free trade in the world, many countries have formed environmental protection organizations to stop the excesses of the World Trade Organization.

2. CONCLUSION

Trade globalization is a type of economic globalization and a measure (economic indicator) of economic integration. On a national scale, it loosely represents the proportion of all production that crosses the boundaries of a country, as well as the number of jobs in that country dependent upon external trade. On a global scale, it represents the proportion of all world production that is used for imports and exports between countries

The WTO is the largest international economic organization in the world. The WTO deals with regulation of trade in goods, services and intellectual property between participating countries by providing a framework for negotiating trade agreements and a dispute resolution process aimed at enforcing participants' adherence to WTO convention, which are signed by representatives of member governments9–10 ratified by their parliaments. Most of the issues that the WTO focuses on derive from previous trade negotiations. The freedom of world trade is a system that empties the collective identity of all content and leads to fragmentation and fragmentation, linking people to a world that is scattered or plunged into civil war. With the normalization with the hegemony and surrender to the process of cultural follow-up comes the loss of the sense of belonging to a nation or nation or state, and thus emptying the cultural identity of all content. The Arab people are adhering to its Arab Islamic heritage and national heritage, and as an integral part of its character. Nationalistic feelings no longer concern the Arab citizen. The situation in the stages of the modern Arab state from the beginning of the last century to 1991 after the war in Iraq and the collapse of the socialist bloc, the decline of national sentiment to a large extent. All that is in the media and education is the use of social communication by imposing an international communication culture instead of the national cultures of each society. The face of the environmental risks facing the world today deserves a lot of efforts and attention from all countries of the world, and deserve a great deal of coordination and joint action in a number of areas, and in this context it is natural that each country has the right to monitor the potential impacts it contains on To the last trade with other countries to protect their environment against potential damage. At the same time, however, each country has a common but different responsibility in facing the problems of the global environment.

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