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  • Bashar H. Malkawi, Reforming Rules of Origin in GAFTA
    Bashar H. Malkawi, Reforming Rules of Origin in GAFTA
    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 improve trade integration among Arab countries through more effective rules of origin.
  • Bashar H. Malkawi, The Jordanian Intellectual Property Regime Triangle of Copyright Trademark and Patent
    Bashar H. Malkawi, The Jordanian Intellectual Property Regime Triangle of Copyright Trademark and Patent
    Adhering to international intellectual property standards is crucial for
    accession to the WTO. In this context, Jordan substantially revised its intellectual property laws to comply with TRIPs by adding new provisions, covering existing gaps, and effectively enforcing the new
    laws. This is just the first step in a long and bumpy road to achieve
    higher level of protection but it is a step in the right direction.
  • Bashar Malkawi, Rules of Origin under U.S. Trade Agreements with Arab Countries
    Bashar Malkawi, Rules of Origin under U.S. Trade Agreements with Arab Countries
    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.
  • Bashar H. Malkawi, University of Sharjah College of Law catalogue
    Bashar H. Malkawi, University of Sharjah College of Law catalogue
    The catalogue provides description of the college of law at University of Sharjah.
  • Bashar Malkawi, The Alliance between Islamic Law and Intellectual Property
    Bashar Malkawi, The Alliance between Islamic Law and Intellectual Property
    The purpose of this article is to elucidate the protection of intellectual
    prpoerty under Sharia law. The article approaches this subject not only historically but also analytically.
  • Bashar H. Malkawi, Using GATT Security Exception for Brexit
    Bashar H. Malkawi, Using GATT Security Exception for Brexit
    A key part of Brexit negotiations was about the border that separates Northern Ireland and the Republic of Ireland.International law and trade/investment agreements do recognize that states have the inherent right to override their obligations to defend national security interests.
  • Bashar Malkawi, WTO Chair Booklet Workshop on Trade WTO and Food Security
    Bashar Malkawi, WTO Chair Booklet Workshop on Trade WTO and Food Security
    Nowadays food security has become more than ever before a worldwide concern particularly in the MENA region. Food security is explicitly mentioned in the preamble of the WTO Agreement on Agriculture (AoA) as a non-trade concern that should be given consideration in trade negotiations along with protecting the environment and the possible negative effects of the implementation of the agreement (AoA) on the net food-importing developing countries. However during the last food crises (2007/2008 and 2010/2011), global food prices spiked in unprecedented way and world food markets were disrupted in such a way that many countries, scholars, and development institutions questioned the reliance on trade and world markets to solve developing countries food security issues.
  • Bashar H. Malkawi, WIPO-WTO COLLOQUIUM PAPERS
    Bashar H. Malkawi, WIPO-WTO COLLOQUIUM PAPERS
    This volume is the sixth in a series of annual publications from the World Intellectual Property Organization (WIPO) and the World Trade Organization (WTO). Prepared by the WIPO-WTO Colloquium for Teachers of Intellectual Property, this collection of academic papers represents an important contribution to international scholarship in the field of intellectual property (IP).
  • Shadi A. AlShdaifat and Bashar H. Malkawi, The Need for Regional Liberalization: The Issue of Damascus Agreement of 2004
    Shadi A. AlShdaifat and Bashar H. Malkawi, The Need for Regional Liberalization: The Issue of Damascus Agreement of 2004
    The purpose of this paper is to exam is to examine air liberalization in Arab countries.
  • Bashar H. Malkawi, Well Known Marks in Jordan
    Bashar H. Malkawi, Well Known Marks in Jordan
    The central concern of this article is to examine the rise of well-known marks in the Jordanian legal system from initial judicial recognition of marks to the amendment of the Jordanian trademarks law. The article is divided into three parts: regulation of well-known marks in Jordan prior to its WTO accession; the current protection granted to well-known marks as of the recent amendments to the Trademarks Law; and Jordan’s enforcement efforts to protect these marks.
  • Bashar H. Malkawi, Come and Go How Temporary Visa Works under US Bilateral Trade Agreements with Arab Countries
    Bashar H. Malkawi, Come and Go How Temporary Visa Works under US Bilateral Trade Agreements with Arab Countries
    The purpose of the article is to examine the visa provisions in the U.S. trade agreement with Jordan.
  • Burden and Order of Proof in WTO Claims
    Burden and Order of Proof in WTO Claims
    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.
  • Bashar Malkawi, Broadcasting the 2006 World Cup
    Bashar Malkawi, Broadcasting the 2006 World Cup
    Part I of this article will first provide background on the ART deal in its relation to the World Cup. Part II will discuss the economics of exclusivity, and the likely social effects on Arab fans. Because broadcasting is related to copyright law, Part III of
    this article will provide an overview of the attempts made by Arab
    countries to improve copyright protection. Additionally, this
    section will discuss how ART’s exclusive rights will be analyzed
    under the existing copyright laws of Arab countries. Part IV will
    investigate the antitrust implications of ART’s exclusive rights. Finally, Part V will provide some solutions to the issue of ART’s exclusivity that attempt to balance the right of Arab fans and the
    development of a diverse broadcasting industry in Arab countries. This article concludes that given current trends regarding World
    Cup broadcasting in Arab countries, legislative or regulatory action
    should be taken to guarantee that World Cup matches are available
    to all Arab fans regardless of their ability to gain access to or afford pay television. In sum, Arab fans should come first.
  • Bashar H. Malkawi, Anatomy of the Case of Arab Countries and the WTO
    Bashar H. Malkawi, Anatomy of the Case of Arab Countries and the WTO
    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 accedingto 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.
  • Bashar H. Malkawi, A Primer on Financing Trade in Islamic Law
    Bashar H. Malkawi, A Primer on Financing Trade in Islamic Law
    The article will provide analysis of Islamic finance, including its underpinnings. The article also discusses the fundamental Islamic legal mechanics as compared to conventional finance and then examines the main forms of Islamic finance. However, before discussing Islamic law and its relation to finance it would be helpful to provide a background of Islamic law.
  • Bashar H. Malkawi, The Design and Operation of Rules of Origin in Greater Arab Free Trade Area
    Bashar H. Malkawi, The Design and Operation of Rules of Origin in Greater Arab Free Trade Area
    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.
  • Bashar H. Malkawi, Jordan Imports and Traiff Regimes A Revisit by Bashar Malkawi
    Bashar H. Malkawi, Jordan Imports and Traiff Regimes A Revisit by Bashar Malkawi
    Jordan made substantial market access commitments as part of its WTO membership negotiations. Jordan has low average tariffs with single or two digits rate and ad valorem-only duties with some exceptions where specific duties apply. Customs standards in Jordan were streamlined in accordance with WTO rules. Jordan confirmed in its accession to the WTO that free zones or export processing zones would be fully subject to the coverage of the commitments taken in the protocol of accession. The purpose of this article is to examine and analyze Jordan’s current imports and tariffs regime.
  • Bashar Malkawi, Reflections on Exclusivity and Termination of Commercial Agency in Jordan
    Bashar Malkawi, Reflections on Exclusivity and Termination of Commercial Agency in Jordan
    The Jordanian Law of Commercial Agents and Intermediaries No. 28 of
    2001 covers all forms of sale contracts through intermediaries. This law
    provides express restrictions and protective provisions on the conduct by
    local agents of internal commercial agency activities. However, these
    statutory protections are granted only to registered agencies conducted
    by national agents.
  • Osama D. Sweidan and Bashar H. Malkawi, The effect of oil Exports on UAE Trade with US
    Osama D. Sweidan and Bashar H. Malkawi, The effect of oil Exports on UAE Trade with US
    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.
  • Haitham Haloush & Bashar Malkawi, EQUALITY OF ARMS IN THE DIGITAL AGE
    Haitham Haloush & Bashar Malkawi, EQUALITY OF ARMS IN THE DIGITAL AGE
    Alternative Dispute Resolution (ADR) and the internet are two very
    topical issues. Online alternative dispute resolution (OADR), or ADR
    online, refers to the use of internet technology, wholly or partially, as a
    medium by which to conduct the proceedings of Alternative Dispute
    Resolution (ADR), in order to resolve commercial disputes which arise from the use of the internet. Those proceedings are operated by neutral
    private bodies under published rules of procedure.
Bashar H. Malkawi is Dean and Professor of Law at University of Sharjah, UAE. Prof. Malkawi holds LLM from University of Arizona and SJD from American University Washington College of Law. Bashar Malkawi authored many papers covering range of issues such as WTO, economic integration, intellectual property, and business law. He previously taught at universities in the U.S., Italy, and Jordan. In addition to his scholarship, Prof. Bashar Malkawi provided consultations to international organizations and international law firms on issues involving business law.
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