ABSTRACT

Reference is made to Legal principles which "express certain fundamental juridical values which shape the legal system in its totality or in a determined sector of it", in this case General Agreement on Tariffs and trade (GATT) and the Multifibres Arrangement within the framework of International Commercial Law. The process and the regulation according to which negotiations had to take place were hardly sketched in the Agreement and were developed via praxis thanks to the guidelines set out by the treaty in article XXVIII and article II. An attempt was made to elaborate a different treaty appropriate to each state and according to its level of inequality in order to transform the classical principles into a more realistic and effective vision both economically, socially and culturally. Discriminatory treatment is a consequence therefore of unequal treatment which is not only admitted but also laid out and regulated in the MFA, in a manner contrary to that specified in GATT.