Digital Trade Issues in WTO Jurisprudence and the USMCA Bashar Malkawi International Trade Journal, 2021 The USMCA is a landmark trade agreement for the digital ecosystem that will create a strong foundation for the expansion of trade, investment, and innovation. The USMCA sets a new global high standard protecting the free flow of data beyond what is covered in the WTO. The USMCA along with WTO standards help in harnessing digital trade for prosperity by enabling free access, a secure market, and low barriers to growth. However, the USMCA is likely to become the model for future free trade agreements between the U.S. and other countries.
The design and operation of rules of origin in greater arab free trade area: Challenges of implementation and reform Bashar H. Malkawi, Mohammad I. El-Shafie Journal of World Trade, 2019 Rules of origin (ROO) are pivotal element of the Greater Arab Free Trade Area (GAFTA). ROO are basically established to ensure that only eligible products receive preferential tariff treatment. Taking into consideration the profound implications of ROO for enhancing trade flows and facilitating the success of regional integration, this article sheds light on the way that ROO in GAFTA are designed and implemented. Moreover, the article examines the extent to which ROO still represents an obstacle to the full implementation of GAFTA. In addition, the article provides ways to overcome the most important shortcomings of ROO text in the agreement and ultimately offering possible solutions to those issues.
The Contents and features of dispute settlement under the US - Jordan FTA: An appraisal Manchester Journal of International Economic Law, 2018
Middle East International Lawyer, 2018
Rules of origin under US trade agreements with Arab countries: Are they helping and hindering free trade? Bashar H. Malkawi Journal of International Trade Law and Policy, 2011 Purpose – The purpose of this paper is to analyze the different kinds of rules of origin included in the US‐Arab countries free trade agreements (FTAs), and suggest reform measures that should be adopted to ease the complexity and costs of rules of origin in these agreements.Design/methodology/approach – The paper begins with a brief discussion of the concept of free trade, GATT/WTO, and the recently concluded FTAs between the USA and Arab countries. Then, the article analyzes in details rules of origin in the US‐Arab countries FTAs. The analysis includes, among other things, substantial transformation and value‐added tests, product‐specific processes, and other relevant rules of origin. The paper also addresses the documentations and procedures required to prove origin and the costs involved. Finally, the paper offers a set of conclusions and recommendations.Findings – The paper argues that rules of origin in these FTAs are complex and protectionist and indeed could act barriers to trade. The paper sugge...
Regulating tenancy relationships in Jordan: Pro-landlord, neutral, and pro-tenant Bashar H. Malkawi Arab Law Quarterly, 2011 The legal relationship between landlords and tenants has always been a complex issue. This article analyzes landlord‐tenant legal relationships in Jordan and the extent to which the legal rules are pro-landlord, neutral, or pro-tenant. The analysis will help in providing proposals for reforming the law in a manner that take the interests of all parties involved into account. This article concludes by arguing that legislation on landlord and tenant relations in Jordan is weakened by the conflicting rules in the Civil Code and the Landlord‐Tenant Law.
The effect of oil price on united arab emirates goods trade deficit with the united states Osama D. Sweidan, Bashar, H. Malkawi Energy Studies Review, 2011 We seek to investigate the effect of oil price on UAE goods trade deficit with the U.S. The current increase in the price of oil and the absence of significant studies in the UAE economy are the main motives behind the current study. Our paper focuses on a small portion of UAE trade, which is 11% of the UAE foreign trade, however, it is a significant part since the U.S. is a major trade partner with the UAE. The current paper concludes that oil price has a significant positive influence on real imports. At the same time, oil price does not have a significant effect on real exports. As a result, any increase in the price of oil increases goods trade deficit of the UAE economy. The policy implication of the current paper is that the revenue of oil sales is not used to encourage UAE real exports.
U.S. Trade relations with Arab countries: Past, present, and future Bashar H Malkawi Global Jurist, 2009 Arab countries have adopted market economy principles and pursued policies designed to strengthen their economies. The cornerstone of Arab countries' long-term economic objectives has been to increase trade and support economic growth via regional and global integration. To this end, Arab countries are attempting to broaden their engagement in the multilateral trading system by joining the World Trade Organization (WTO). In addition, some Arab countries entered into trade arrangements with the United States (U.S.) to foster economic development, attract investment, and develop peaceful relationship. These trade agreements carry several implications for local economies.The purpose of this paper is to examine the implications of the trade agreements signed between the U.S. and Arab countries on the economic and legal regimes of the latter. The paper will proceed in two main parts. The first part analyzes the preferential trade arrangement known as "Qualifying Industrial Zones" created between the U.S on the one hand and Jordan, Israel, and Egypt on the other hand. It discusses the general rules of qualifying industrial zones program and the impact of these zones on local production and employment. The second part discusses trade agreements concluded between the U.S. and Arab countries. The emphasis will be on the U.S.-Jordan Free Trade Agreement as it is considered the template for future agreements signed between the U.S. and other Arab countries. The paper analyzes the most important provisions of the U.S.-Jordan Free Trade Agreement and their implications. Then, the paper will analyze trade agreements between the U.S. and other Arab countries. The paper argues that, while current trade programs between the U.S. and those Arab countries analyzed in the paper required difficult reforms in their domestic laws and led some negative consequence, on balance; these trade programs increased trade and created employment opportunities.
Toward transparency and rule of law: New freedom of information regime for Jordan Communications Law, 2008
A League of Nations in Transition – Regional Integration for the Arab Spring Nations B Malkawi, A Mihalakas, I Valiullina Willamette Journal of International Law & Dispute Resolution 33 (1), 33-74 , 2026 2026
Dispute Resolution under the AfCFTA Framework B Malkawi Quel avenir pour l'intégration africaine? (WHAT FUTURE FOR AFRICAN … , 2025 2025
Moral Rights in Copyright of GCC Countries: Between Islamic Law and Current Laws B Malkawi, AM Bashayer The International Lawyer 58 (1), 77-117 , 2025 2025 Citations: 1
Regional Integration in Africa - The Role of the AfCFTA in Advancing Political Integration AP Mihalakas, B Malkawi TDM Journal 22, 1-35 , 2025 2025 Citations: 2
Jurisdiction and Procedures for Law Enforcement in Light of Law No. (19) of 2024 on the Regulation of Law Enforcement Capacity in the Emirate of Dubai and Role of The … B Malkawi, H Albitar, A Albareshi Publication of Research and Publication Section, Government of Dubai, Legal … , 2024 2024
Glossary to Legal Terms and Phrases Used in the Work of the Government of Dubai Legal Affairs Department (English-Arabic) B Malkawi, AM Mahmoud, M Abdo Publication of Research and Publication Section, Government of Dubai, Legal … , 2024 2024
The Interaction between Intellectual Property and Bankruptcy Legal Regimes in the GCC B Malkawi INTERNATIONAL TRADE WITH THE MIDDLE EAST AND NORTH AFRICA: LEGAL, COMMERCIAL … , 2024 2024
Treatment of Intellectual Property in the Bankruptcy Legal Framework of the GCC States B Malkawi Queen Mary Journal of Intellectual Property 14 (1), 87-100 , 2024 2024 Citations: 5
Check as a Negotiable Instrument under UAE Federal Commercial Transactions Law (in Arabic) AF Bashar Malkawi, Reda Elsayed Government of Dubai Legal Affairs Department , 2023 2023
Corporate Governance and the Audit Function in Jordan and the UK: A Comparative Perspective B Malkawi Global Business Law Review 11, 112-174 , 2023 2023 Citations: 2
Legal Approaches to The Regulation of Digital Trade by Middle Eastern Countries B Malkawi Research Handbook on Digital Trade (Edited by David Collins and Michael … , 2023 2023 Citations: 1
Uniformity or Diversity of the Concept of Good Faith under the CISG and UAE Law B Malkawi Quo Vadis Commercial Contract? Reflections on Sustainability, Ethics and … , 2023 2023 Citations: 1
Transparency vs. Confidentiality: Inspection Rights in UAE Corporate Law B Malkawi London School of Economics and Political Sciences Middle East Centre Blog , 2022 2022
Arbitration Jurisprudence in Light of UAE Federal Arbitration Law and Dubai Court of Cassation Decisions B Malkawi CIArb Arbitration: The Journal of International Arbitration, Meditation, and … , 2022 2022
The Art of Drafting and Writing Pleadings and Briefs in Civil Litigation (in Arabic) B Malkawi, M Farooq Research and Publication Section, Government of Dubai Legal Affairs … , 2022 2022
Consensus as the Hallmark of the WTO: Time to Change B Malkawi International Economic Law and Policy Blog , 2022 2022
Royalty Rate Determination in Patent Infringement Cases: The U.S. and China Compared B Almajed, B Malkawi Journal of Intellectual Property Law and Practice 17 , 2022 2022 Citations: 1
‘Phase One’ US–China Trade Deal Better than No Deal B Malkawi East Asia Forum , 2021 2021
Iraq Back on Track: The Case for Expediting WTO Accession of" Fragile and Conflict Affected"(" FCA") Countries CC Benson, B Malkawi NCJ Int'l L. 47, 133 , 2021 2021
Impact of COVID-19 on Contracts Concluded by Government Entities in Dubai (in Arabic) B Malkawi, R Alahmad Research and Publication Section, Government of Dubai Legal Affairs … , 2021 2021
MOST CITED SCHOLAR PUBLICATIONS
COVID-19: 20 Countries’ Higher Education Intra-period Digital Pedagogy Responses J Crawford, K Butler-Henderson, J Rudolph, B Malkawi, M Glowatz, ... Journal of Applied Learning and Teaching 3 (1), 1-20 , 2020 2020 Citations: 3712
The case of income tax evasion in Jordan: symptoms and solutions BH Malkawi, HA Haloush Journal of Financial Crime 15 (3), 282-294 , 2008 2008 Citations: 94
Internet characteristics and online alternative dispute resolution HA Haloush, BH Malkawi Harv. Negot. L. Rev. 13, 327 , 2008 2008 Citations: 70
E-commerce in light of international trade agreements: The WTO and the United States-Jordan Free Trade Agreement BH Malkawi International Journal of Law and Information Technology 15 (2), 153-169 , 2007 2007 Citations: 63
The alliance between Islamic law and intellectual property: Structure and practice BH Malkawi U. St. Thomas LJ 10, 618 , 2012 2012 Citations: 42
Intellectual property protection from a Sharia perspective BH Malkawi Southern Cross University Law Review 16, 87-121 , 2013 2013 Citations: 27
Broadcasting the 2006 World Cup: The right of Arab fans versus ART exclusivity BH Malkawi Fordham Intell. Prop. Media & Ent. LJ 17, 591 , 2006 2006 Citations: 23
The Intellectual Property Provisions of the United States–Jordan Free Trade Agreement: Template or Not Template BH Malkawi The Journal of World Intellectual Property 9 (2), 213-229 , 2006 2006 Citations: 20
Rules of origin under US trade agreements with Arab countries: Are they helping and hindering free trade? BH Malkawi Journal of International Trade Law and Policy 10 (1), 29-48 , 2011 2011 Citations: 16
Jordan and the world trading system: A case study for Arab countries BH Malkawi ProQuest , 2006 2006 Citations: 15
Digital Trade Issues in WTO Jurisprudence and the USMCA B Malkawi The International Trade Journal 35 (1), 123-131 , 2021 2021 Citations: 14
CISG: The relation among cure, fundamental breach, and avoidance BH Malkawi JL Pol'y & Globalization 93, 24 , 2020 2020 Citations: 14
Reflections on the securities law of Jordan BH Malkawi Am. U. Int'l L. Rev. 23, 763 , 2007 2007 Citations: 13
Food labeling and Halal mark BH Malkawi Intellectual Properties Rights 2 (1), 1000e103 , 2014 2014 Citations: 9
Arbitration and the World Trade Organization— The Forgotten Provisions of Article 25 of the Dispute Settlement Understanding BH Malkawi Journal of International Arbitration 24 (2) , 2007 2007 Citations: 9
Can Article 25 Arbitration Serve as a Temporary Alternative to WTO Dispute Settlement Process? BH Malkawi Kluwer Arbitration Blog , 2019 2019 Citations: 8
A bright future: towards an enhanced Shariah supervision in Islamic finance BH Malkawi The European Financial Review, 14-16 , 2014 2014 Citations: 8
Anatomy of the Case of Arab Countries and the WTO BH Malkawi Arab Law Quarterly 20 (2), 110-151 , 2006 2006 Citations: 8
Jordan’s Accession to the WTO: Retrospective and Prospective BH Malkawi The Estey Centre Journal of International Law and Trade Policy 11 (1), 12-45 , 2010 2010 Citations: 7
Prescription in Arab Civil Codes and the Unidroit Principles of International Commercial Contracts of 2004: A Comparative Analysis BH Malkawi Bond L. Rev. 20, i , 2008 2008 Citations: 7
