Bashar Malkawi

@arizona.edu

Global Professor of Practice in Law



              

https://researchid.co/bmalkawi
17

Scopus Publications

2673

Scholar Citations

8

Scholar h-index

9

Scholar i10-index

Scopus Publications

  • Digital Trade Issues in WTO Jurisprudence and the USMCA
    Bashar Malkawi
    Informa UK Limited
    ABSTRACT 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



  • Middle East


  • The Contents and features of dispute settlement under the US - Jordan FTA: An appraisal


  • Financial derivatives between western legal tradition and islamic finance: A comparative approach
    Bashar H Malkawi
    Springer Science and Business Media LLC
    Islamic finance prohibits speculation, gambling, and mandates that income must be derived as profits rather than interest. The article discusses the legal rules underlying Islamic finance with a view towards developing equivalents to derivatives according to shari’ah principles. The article analyses the differences between conventional financial derivatives and Islamic financial instruments, evaluating those religiously acceptable. The article argues that Islamic finance already includes a number of contracts and instruments with derivative-like features that can help reduce risks and form the basis for designing shari’a-compatible derivatives. However, the absence of uniform principles affects the development of new shari’a-compliant instruments that can be used to manage risks.

  • Rules of origin under US trade agreements with Arab countries: Are they helping and hindering free trade?
    Bashar H. Malkawi
    Emerald
    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...

  • The effect of oil price on united arab emirates goods trade deficit with the united states
    Osama D. Sweidan, Bashar and H. Malkawi
    McMaster University Library
    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.

  • Regulating tenancy relationships in Jordan: Pro-landlord, neutral, and pro-tenant
    Bashar H. Malkawi
    Brill
    AbstractThe 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.

  • Rules of origin under U.S. trade agreements with Arab countries: Are they helping and hindering free trade?
    Bashar Malkawi
    Akademiai Kiado Zrt.
    Rules of origin mechanism used to determine the origin of a product. Rules of origin serve many purposes such as collecting data on trade flows, implementing preferential tariff treatment, and applying anti-dumping duties. Rules of origin can be divided into preferential and non-preferential rules. Preferential rules of origin are used to determine whether a product originates in a preference-receiving country or trading area and hence qualifies to enter the importing country on better terms than products from the rest of the world. Non-preferential rules of origin are used for all other purposes, including enforcement of product- and country-specific trade restrictions that increase the cost of, or restrict or prevent, market entry. Preferential rules of origin differ from non-preferential ones because they are designed to minimize trade deflection. With rapid increase of bilateral and regional trade agreements, the role of rules of origin has become more evident. In the context of bilateral and regional...

  • Patent protection and the pharmaceutical industry in Jordan


  • U.S. Trade relations with Arab countries: Past, present, and future
    Bashar H Malkawi
    Walter de Gruyter GmbH
    Abstract 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


  • The case of income tax evasion in Jordan: symptoms and solutions
    Bashar H. Malkawi and Haitham A. Haloush
    Emerald
    Purpose – The purpose of this paper is to examine income tax evasion in Jordan and set forth various cures for this problem.Design/methodology/approach – The paper investigates the phenomenon of income tax evasion. In doing so, the paper reviews reports from academics and statistics from the Income Tax Department. The paper begins with an overview of the Income Tax Law, distinguishes between tax evasion and tax avoidance and provides empirical data on the size of income tax evasion in Jordan. A study of article 42 of the Income Tax Law, the anti‐tax evasion provision, is made. In the final analysis, the paper suggests several means that can be used to address income tax evasion.Findings – The paper concludes that, in so far as the Jordanian Government is concerned with the issue of income tax evasion, several legal and non‐legal techniques can be experimented.Originality/value – In reacting to huge non‐compliance by Jordanians, the paper tells the story of how to create an income tax compliance culture. T...

  • The anti-money laundering framework in Jordan: New laws and regulations


  • Commercial books in Arab commercial codes: Where from and where to ?
    H. A. Haloush and B. H. Malkawi
    Oxford University Press (OUP)

  • Well-known marks in Jordan: Protection and enforcement


  • Iraqi patent law - In search of compliance with TRIPS


  • E-commerce in light of international trade agreements: The WTO and the United States-Jordan free trade agreement
    B. H. Malkawi
    Oxford University Press (OUP)
    E-commerce offers economy-wide benefits. World Trade Organization (WTO) members recognized the benefits e-commerce offers and have developed a work program to facilitate the development of e-commerce. However, WTO efforts to facilitate e-commerce have stalled, leading to a slower than anticipated progress. As fundamental differences continue to stall progress in the WTO’s program on e-commerce, the United States concluded a free trade agreement with Jordan. This agreement was the first ever to incorporate explicit provisions on e-commerce. This article analyzes how existing trade agreements have dealt with e-commerce. The article gives an overview of the situation in WTO.

  • Anti‐terrorist finance provisions in Jordan: important step but insufficient
    Bashar H. Malkawi and Hikmet O. Malkawi
    Emerald
    Purpose – The purpose of this paper is to examine the anti‐terrorist finance provisions in the Penal Law as well as the vulnerabilities in place that hamper more effective regime.Design/methodology/approach – The paper identifies the pre‐September 11 legal structure in Jordan regarding terrorist finance. Since, then the amended Penal Law, promulgated on October 8, 2001, has emerged as the principal tool in addressing terrorist finance activities. The paper is divided into five sections covering pre‐existing statutory provisions on terrorist finance, Jordan's counterterrorist financing regime including money laundering law and directives, the anti‐terrorist finance provisions in the Penal with its constituent elements, Jordan's accession to the United Nations Convention for the Suppression of the Financing of Terrorism, and finally the paper provides a set of conclusions.Findings – There are still many loopholes to close in Jordan's anti‐terrorist finance initiatives. There is a need for greater enforcemen...


  • Bank secrecy in arab countries: A comparative study


  • Anatomy of the case of arab countries and the WTO
    Bashar Malkawi
    Brill
    Arab countries are attempting to broaden their engagement in the multilateral trading system in a manner that has many implications. Not only have some Arab countries either acceded or are in the pipeline of acceding to the World Trade Organization (WTO), but their new commitments coincide with reorientations in their economic strategies. The purpose of this article is to examine the involvement in and implications of the multilateral trading system on Arab countries. The proposition in this article is that the WTO is not a perfect institution. In WTO accession, politics matter more than commerce or trade. I argue that joining the WTO is a balancing act. As a result of economic liberalization, there would be losers in the industries of Arab countries. However, governments should compensate for any loss by ensuring better access to capital and establishing training programs to develop the skills of those dislocated. The article proceeds to discuss in section I representation of Arab countries in the multilateral trading system. Section II examines accession of Arab countries to the WTO and some of the obstacles they face in their accessions. Section III discusses the Fourth WTO Ministerial Conference held in Qatar in 2001. Section IV studies participation of Arab countries in the WTO dispute settlement mechanism. Section V analyzes the impact of the multilateral trading system on Arab countries in selected sectors such as agriculture and oil. Section VI uncovers the opposing positions


RECENT SCHOLAR PUBLICATIONS

  • 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

  • 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

  • Regional Integration in Africa - The Role of the AfCFTA in Advancing Political Integration
    AP Mihalakas, B Malkawi
    TDM Journal 3 2024

  • 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

  • Corporate Governance and the Audit Function in Jordan and the UK: A Comparative Perspective
    B Malkawi
    Global Business Law Review 11, 112-174 2023

  • 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

  • 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

  • Transparency vs. Confidentiality: Inspection Rights in UAE Corporate Law
    B Malkawi
    London School of Economics and Political Sciences Middle East Centre Blog 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

  • 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

  • Consensus as the Hallmark of the WTO: Time to Change
    B Malkawi
    International Economic Law and Policy Blog 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

  • ‘Phase One’ US–China Trade Deal Better than No Deal
    B Malkawi
    East Asia Forum 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

  • 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

  • Quoted in "China Expected to Fail Its US Trade Commitments by Year's End"
    R Jennings
    Voice of America 2021

  • Damages for Patent Infringement: The Chinese Perspective
    BAB Malkawi
    IPKAT Blog 2021

  • Global Responses to COVID-19: A Law and Economics Comparative Research Project
    B Malkawi
    http://globalresponsescovid19.com/ 2021

  • Digital Trade Issues in WTO Jurisprudence and the USMCA
    B Malkawi
    The International Trade Journal 35 (1), 123-131 2021

  • Dissecting and unpacking the USMCA environmental provisions: game-changer for green governance
    BH Malkawi, S Kazmi
    JURIST: Pittsburgh, PA, USA 2020

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
    Citations: 3232

  • The case of income tax evasion in Jordan: symptoms and solutions
    BH Malkawi, HA Haloush
    Journal of Financial Crime 15 (3), 282-294 2008
    Citations: 84

  • Internet characteristics and online alternative dispute resolution
    HA Haloush, BH Malkawi
    Harv. Negot. L. Rev. 13, 327 2008
    Citations: 68

  • 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
    Citations: 59

  • The alliance between Islamic law and intellectual property: Structure and practice
    BH Malkawi
    U. St. Thomas LJ 10, 618 2012
    Citations: 32

  • Broadcasting the 2006 World Cup: The right of Arab fans versus ART exclusivity
    BH Malkawi
    Fordham Intell. Prop. Media & Ent. LJ 17, 591 2006
    Citations: 20

  • Intellectual property protection from a Sharia perspective
    BH Malkawi
    Southern Cross University Law Review 16, 87-121 2013
    Citations: 18

  • 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
    Citations: 18

  • 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
    Citations: 17

  • Jordan and the world trading system: A case study for Arab countries
    BH Malkawi
    ProQuest 2006
    Citations: 15

  • Reflections on the securities law of Jordan
    BH Malkawi
    Am. U. Int'l L. Rev. 23, 763 2007
    Citations: 13

  • CISG: The Relation among Cure, Fundamental Breach, and Avoidance
    BH Malkawi
    JL Pol'y & Globalization 93, 24 2020
    Citations: 10

  • 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
    Citations: 9

  • Digital Trade Issues in WTO Jurisprudence and the USMCA
    B Malkawi
    The International Trade Journal 35 (1), 123-131 2021
    Citations: 8

  • A bright Future: Towards an enhanced Shariah supervision in islamic finance
    BH Malkawi
    The European Financial Review, 14-16 2014
    Citations: 8

  • Food labeling and Halal mark
    BH Malkawi
    Intellectual Properties Rights 2 (1), 1000e103 2014
    Citations: 8

  • Anatomy of the Case of Arab Countries and the WTO
    BH Malkawi
    Arab Law Quarterly 20 (2), 110-151 2006
    Citations: 8

  • Building a corporate governance system in Jordan: A critique of the current framework
    BH Malkawi
     2008
    Citations: 7

  • Can Article 25 Arbitration Serve as a Temporary Alternative to WTO Dispute Settlement Process?
    BH Malkawi
    Kluwer Arbitration Blog 2019
    Citations: 6

  • 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
    Citations: 6