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Bashar H. Malkawi
University of Sharjah
  1.  10
    The Contents and Features of Dispute Settlement Under the US – Jordan FTA: An Appraisal.Bashar H. Malkawi - 2018 - Manchester Journal of International Economic Law 15 (2):176-189.
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  2.  7
    Book Review of "Yong-Shik Lee, Reclaiming Development in the World Trading System (2016)". [REVIEW]Bashar H. Malkawi - 2018 - Law and Development Review 11:939-941.
    The main focus of the book is to examine every possible facet of the world trading system from a development perspective to advance economic development. Thus, the book title "Reclaiming Development".
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  3.  6
    De L’efficacité des Mesures Administratives by Contre les Nuisances Sonores des Avions en.Imad Eldin Abdulhay & Bashar H. Malkawi - 2017 - Annals of Air and Space 42 (2):153-196.
    This article addresses the problems associated with aircraft noise with or without pilots. It asks whether the administrative measures taken by France and the United Arab Emirates are sufficient and efficient to combat noise pollution. It examines the aeronautical preventive measures, as well as those related to urbanism, before discussing remedial measures for aircraft noise. This article finds that the administrative measures taken by the UAE, in comparison to those of France, are insufficient and ineffective. One of the reasons is (...)
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  4.  5
    Principles of Jordan Imports and Tariff Regimes.Bashar H. Malkawi - manuscript
    Customs law and procedures are important part of the trade system in Jordan. They regulate the flow of goods across the borders. The purpose of this paper is to examine Jordan's import regime by analyzing customs law, rules of origin, free trade zones, and tariffs reform.
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  5.  5
    Structure and Role of the Board of Directors According to the Company Law of Jordan: The Need for Revision.Bashar H. Malkawi - manuscript
    Corporate governance is developing rapidly in many countries across the world. In this article, the existing state of corporate governance in Jordan is examined. Jordan does not have a corporate governance code per se. The article reveals that overall Jordan has in place some of the features of corporate governance best practice, but that there remains further progress to be made in areas such as independence of directors, compensation, and correlation between shareholding and entitlement to seats on the board. The (...)
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  6.  5
    Safeguard Mechanism in Jordan: Protection of the Domestic Industry.Bashar H. Malkawi - manuscript
    The WTO Agreement on Safeguards prescribes each member to adopt appropriate domestic legislation before it imposes safeguard measures. Historically, Jordan enacted its first WTO-compatible safeguard law, known as the National Production Protection Law No.4 of 1998 (“NPP Law”), in 1998 on the eve of Jordan’s accession to the WTO. Afterward, it amended its NPP Law of 1998. So now, Jordan’s safeguard system is based on the amended NPP Law No. 50 of 2002 and Regulation on Safeguard of National Production. -/- (...)
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  7.  5
    The Burden and Order of Proof in WTO Claims: Evolving Issues.Bashar H. Malkawi & Zeina Ahmad - 2017 - International Journal of Law and Management 59 (6):1220-1235.
    The World Trade Organization (WTO) is one of the best dispute settlement mechanisms in the world. Under WTO rules, aggrieved parties must establish a “prima facie” case before the panel can call on the offending party to respond to the claims. The objective of the present study is to critically evaluate the application of the concept of burden of proof underWTOdispute settlement mechanism.
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  8.  7
    Come and Go? How Temporary Visa Works Under U.S. Bilateral Trade Agreements with Arab Countries.Bashar H. Malkawi - 2010 - Journal of Immigration, Asylum and Nationality Law 24:145-158.
    The United States (U.S.) and Jordan launched negotiations for a free trade agreement in 2000.The US-JO FTA includes a preamble, nineteen articles, three annexes, joint statements, memorandums of understanding, and side letters. In addition to the interesting articles on labor and environment, the US-JO FTA provides the opportunity for Jordanian nationals to come to the U.S. to make investments and participate in trade. Under certain conditions, Jordanian nationals can enter the U.S. to render professional services. The purpose of this article (...)
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  9.  5
    Arab Countries’ (Under) Participation In The WTO Dispute Settlement Mechanism.Bashar H. Malkawi - 2012 - Flinders Law Journal 14 (2):1-35.
    The purpose of the present article is two-fold. First, the article examines the reasons as to why Arab countries do not actively participate in WTO dispute settlement proceedings.17 Trade volume, lack of technical expertise, financial strains, political relations, enforcement, and language problems eachplay a role in Arab countries under-participation and are discussed herein. Second, the article provides possible avenues through which Arab countries can enhance their presence in the WTO dispute settlement process. In the process of examining these issues, the (...)
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  10.  5
    U.S. Trade Relations with Arab Countries: Past, Present, and Future.Bashar H. Malkawi - 2009 - Global Jurist 9:1-54.
    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 (...)
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  11.  2
    Reflection on Exclusivity and Termination of Commercial Agency in Jordan: TheIntertwining of Domestic Regulation and International Trade Law.Bashar H. Malkawi - 2019 - Business International Law 45.
    Any foreign manufacturer desiring to market its products in Jordan has several courses open to it. The foreign manufacturer could establish a branch or wholly-owned subsidiary in Jordan or enter into a licensing or joint venture agreement with a company doing business in Jordan. If it wants a less significant presence, however, it is left with the alternative of having a local commercial agent market and sells its products. -/- The purpose of this article is to study certain aspects-exclusivity and (...)
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  12.  3
    Book Review "Habib Ahmed, Mehmet Asutay, and Rodney Wilson (Eds.), Islamic Banking and Financial Crisis: Reputation, Stability and Risk ". [REVIEW]Bashar H. Malkawi - 2015 - Review of Middle East Studies 49:59-60.
    Islamic Banking and Financial Crisis, edited by Habib Ahmed, Mehmet Asutay, and Rodney Wilson, definitely has merit. The book comes at a time when conventional financial institutions face stress and, in many instances, utter failure as a result of the 2008 global financial crisis. While the book is not designed primarily as a retrospective, it does offer an opportunity for reflection.
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  13.  3
    Jordan’s Accession to the WTO: Retrospective and Prospective.Bashar H. Malkawi - 2010 - Estey Center Journal of International Law and Trade Policy 11 (1):12-45.
    Jordan acceded to the WTO in 1999. In its accession Jordan agreed, for example, to reduce tariffs on imported products and open its services market; it also modified its intellectual property regime. Jordan enjoyed special and differential treatment in few areas and was not able to designate olive oil as a good eligible for special safeguards. The WTO agreements required fundamental changes in the domestic laws and regulations of Jordan. The article concludes by arguing that Jordan’s accession to the WTO (...)
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  14.  3
    Regional Integration: Whither Arab Free Trade Area?Bashar H. Malkawi - 2007 - Legal Issues of Economic Integration 34:231-254.
    My inquiry will assess why, many decades after first attempts of economic integration, Arab countries have not been more successful in emulating the success of the European Union, a paradigm of successful economic integration. Specifically, I will explore obstacles to Arab economic integration and address the political and economic factors that play a role to achieve this goal. The central hypothesis of this paper is that there must be fundamental structural changes in Arab economic integration agreements.
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  15.  3
    The Case of Income Tax Evasion in Jordan: Symptoms and Solutions.Bashar H. Malkawi & Haitham Haloush - 2008 - Journal of Financial Crime 15:282-294.
    The purpose of this paper is to examine income tax evasion in Jordan and set forth various cures for this problem.
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  16.  3
    The Intellectual Property Provisions of the United States-Jordan Free Trade Agreement: Template or Not Template.Bashar H. Malkawi - 2006 - Journal of World Intellectual Property 9:213-229.
    The objective of this article is to examine the implications of the intellectual property provisions in the US–Jordan Free Trade Agreement (US–JO FTA) and whether they serve as a template for other Arab countries who will be concluding free trade agreements with the USA. My claim in this article is that the intellectual property part of the US–JO FTA goes beyond the World Trade Organization Agreement and cannot form the right template for the proposed US–Middle East FTA of 2013. The (...)
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  17.  2
    Book Review of "David A. Gantz, Liberalizing International Trade After Doha: Multilateral, Plurilateral, Regional, and Unilateral Initiatives ". [REVIEW]Bashar H. Malkawi - 2015 - Law and Development Review 8:235-236.
    The book, providing a broad analysis of trade liberalization initiatives from the inception of the World Trade Organization (WTO) to 2013, is essential reading for trade lawyers, researchers, and students alike who are interested in getting a glimpse of the future directions for trade liberalization. The book attempts to ask and answer the following key question: What are the alternatives to trade liberalization in the WTO system?
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  18.  2
    Expanding GCC Membership: The Positive Outlook. [REVIEW]Bashar H. Malkawi - 2011 - Khaleej Times:11.
    The GCC proposed expanding its membership to other countries such as Jordan. The article discusses this proposal.
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  19.  2
    Equality of Arms in the Digital Age.Bashar H. Malkawi, Haitham Haloush & Basem Melhem - 2008 - Macquarie Journal of Business Law 5:73-85.
    Electronic commerce is important, and perhaps, inevitable. Thus to consider the legal implications of the growth and development of electronic commerce is essential. However, the lack of suitable dispute resolution mechanisms in cyberspace will constitute a serious obstacle to the further development of electronic commerce. Bearing this in mind, this paper argues that when Alternative Dispute Resolution (ADR) moves to cyberspace, particularly arbitration and mediation as the main types of ADR, the form of online alternative dispute resolution (OADR) can maximise (...)
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  20.  2
    Haitham Haloush and Bashar H. Malkawi, Internet Characteristics and Online Alternative Dispute Resolution.Bashar H. Malkawi & Haitham A. Haloush - 2008 - Harvard Negotiation Law Review 13:327-348.
    Electronic commerce is important, and perhaps, inevitable. Thus, to consider the legal implications of the growth and development of electronic commerce is essential. However, the lack of suitable dispute resolution mechanisms in cyberspace will constitute a serious obstacle to the further development of electronic commerce. Bearing this in mind, this thesis argues that when Alternative Dispute Resolution (ADR) moves to cyberspace, particularly arbitration and mediation as the main types of ADR, the form of Online Alternative Dispute Resolution (OADR) can maximize (...)
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  21.  1
    Bashar H. Malkawi, Regional Agreements and Regulatory Barriers to Trade in Services: Building Blocks to the Multilateral Foundation.Bashar H. Malkawi - 2019 - Journal of Business Law 34:251-265.
    Jordan agreed to extensive liberalization undertakings under the General Agreement on Trade in Services (“GATS”) that would open some sectors that were previously closed or restricted to foreign suppliers and investors. It undertook horizontal commitments in cross-border movement of individuals and commercial presence covering all types of services.
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  22.  1
    Notification of the GCC to the WTO as a Customs Union: The Whys and Hows.Bashar H. Malkawi - 2015 - Global Trade and Customs Journal 10 (5):189-193.
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  23.  15
    Corporate Governance in Jordan: Role of the External.Bashar H. Malkawi - 2018 - Dymer, Kyiv Oblast, Ukraine: Virtuinter press.
    In our globalized world, competition for capital is intense and only jurisdictions with superior corporate governance will attract the FDI crucial for economic growth and development. The goal of this chapter is to assess the legal regime of external auditors – as opposed to internal auditors - per Company Legislation of 1997 and provide suggestions for improvement in the current legal regime.34 Part II discusses global trends in corporate governance with respect to the role of the external auditor. Part III (...)
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  24. Internet Characteristics and Online Alternative Dispute Resolution.Bashar H. Malkawi - 2008 - Harvard Negotiation Law Review 13:327-348.
    Electronic commerce is important, and perhaps, inevitable. Thus, to consider the legal implications of the growth and development of electronic commerce is essential. However, the lack of suitable dispute resolution mechanisms in cyberspace will constitute a serious obstacle to the further development of electronic commerce. Bearing this in mind, this thesis argues that when Alternative Dispute Resolution (ADR) moves to cyberspace, particularly arbitration and mediation as the main types of ADR, the form of Online Alternative Dispute Resolution (OADR) can maximize (...)
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  25. Islamic Law and Free Trade: Compatibility and Convergence.Bashar H. Malkawi - 2006 - Journal of Islamic State Practices in International Law 2:37-54.
    The purpose of the paper is to examine free trade in Islamic law.
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  26. Reforming Rules of Origin in Greater Arab Free Trade Area for Effective Economic Integration.Bashar H. Malkawi - 2017 - Economic Research Policy Forum Brief 29:1-7.
    Free trade agreements are about reducing tariffs, market access in services, protection of intellectual property rights, streamlining customs procedures, trade remedy measures, and dispute settlement mechanism. Equally important if not even more important than these provisions is the designation of rules of origin. Many benefits can be lost if restrictive rules of origin are incorporated. Rules of origin are supposed to be straightforward and easy-to-follow methods used to determine origin of imported goods. The policy question that arises is how to (...)
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  27. Restoring Trust in Free Trade.Bashar H. Malkawi - 2018 - Regulating for Globalization 12:2.
    The paper examines the ways trust can be re-build for the future of free trade.
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  28. The Feasibility of Alternative Dispute Resolution to Resolve Intellectual Property Disputes in Jordan.Bashar H. Malkawi - 2013 - Journal of Intellectual Property Law and Practice 8:146-153.
    The purpose of this article is to examine the feasibility and working of the conciliatory means for settlement of intellectual property disputes in Jordan. Arbitration is the principal mechanism used.
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