AcaWiki - User contributions [en]

Come and Go? How Temporary Visa Works Under U.S. Bilateral Trade Agreements with Arab countries

2018-12-28T03:39:45Z

Bmalkawi: Created page with "{{Summary |title=Come and Go? How Temporary Visa Works Under U.S. Bilateral Trade Agreements with Arab countries |authors=Bashar H. Malkawi, |summary=The United States (U.S.)..."

{{Summary
|title=Come and Go? How Temporary Visa Works Under U.S. Bilateral Trade Agreements with Arab countries
|authors=Bashar H. Malkawi,
|summary=The United States (U.S.) and Jordan launched negotiations for a free trade agreement in 2000.On October 24, 2000, the United States-Jordan Free Trade Agreement (US-JO FTA) was signed in a record time. The US-JO FTA was the first FTA to be concluded with an Arab country.

The purpose of this article is to examine in detail article 8 of the US-JO FTA which relates to entry of nationals of one party into the territory of the other. The article starts by providing a brief background of the negotiation and conclusion of the US-JO FTA. Then, the article analyzes in detail the specific provision related to temporary entry of nationals. The article draws a comparison between US-JO FTA with the North American Free Trade Agreement (NAFTA) and the more recent trade agreements between the U.S., Oman, Bahrain, and Morocco. Finally, the article observes that although the US-JO FTA, like all US FTAs, is designed to permit temporary entry, without intent to establish permanent residence, of persons, the U.S. should have provided Jordan with special and differential treatment for entry of its nationals. Taking into account the special circumstances of Jordan as a developing country with low-income status, high unemployment rate, and lack of resources, movement of business visitors, investors, intra-company transferees, and professionals should have been dealt with leniency so that the FTA could generate effective and real market access.
|journal=Journal of Immigration, Asylum and Nationality Law
|pub_date=2010
|subject=Business
}}

The Need for Regional Liberalization: The Issue of Damascus Agreement of 2004

2018-12-28T03:37:13Z

Bmalkawi: Created page with "{{Summary |title=The Need for Regional Liberalization: The Issue of Damascus Agreement of 2004 |authors=Shadi A. Alshdaifat and Bashar H. Malkawi |summary=Arab airlines have a..."

{{Summary
|title=The Need for Regional Liberalization: The Issue of Damascus Agreement of 2004
|authors=Shadi A. Alshdaifat and Bashar H. Malkawi
|summary=Arab airlines have attracted attention in the last two decades for their huge growth and expansion worldwide. The air transport sector in the Arab world deals with problems of safety, security and economic protection of national airline industries. This paper provides a detailed analysis of the 2004 Damascus Agreement which covers fundamental principles of liberalisation, including market access, ownership and control of airlines as well as fair competition. It also presents the relation between the Damascus Agreement and international conventions. Moreover, the aim of this paper is to study the Damascus Agreement in depth and identify its impact on air service liberalisation in the Arab aviation industry. The paper attempts to answer the question as to how this agreement functions in practice and whether it needs restructuring. The paper is divided into the following sections. The first section provides the GDP of the Arab airline sector and its impact on employment in Arab states. The second section constitutes an analysis of the legal provisions of the 2004 Damascus Agreement. Finally, the paper gives a set of conclusions and recommendations.
|journal=HARMONISING REGULATORY AND ANTITRUST REGIMES FOR INTERNATIONAL AIR TRANSPORT
|pub_date=2018
|subject=Business
}}

Jordan’s Accession to the WTO:Retrospective and Prospective

2018-12-28T03:34:00Z

Bmalkawi: Created page with "{{Summary |title=Jordan’s Accession to the WTO: Retrospective and Prospective |authors=Bashar H. Malkawi, |summary=Jordan acceded to the WTO in 1999. In its accession Jordan..."

{{Summary
|title=Jordan’s Accession to the WTO: Retrospective and Prospective
|authors=Bashar H. Malkawi,
|summary=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 was a lengthy and costly process. Jordan agreed to an arduous package of legal and economic reforms. Given that Jordan agreed to greater commitments compared to the obligations of the original WTO members, the multilateral trading system witnessed an accession saga.
|journal=The Estey Centre Journal of International Law and Trade Policy
|pub_date=2010
|subject=Business
}}

REGIONAL INTEGRATION: WHITHER ARAB FREE TRADE AREA?

2018-12-28T03:31:28Z

Bmalkawi: Created page with "{{Summary |title=REGIONAL INTEGRATION: WHITHER ARAB FREE TRADE AREA? |authors=Bashar H. Malkawi, |summary=The economic integration sought by Arab countries has been an aspirat..."

{{Summary
|title=REGIONAL INTEGRATION: WHITHER ARAB FREE TRADE AREA?
|authors=Bashar H. Malkawi,
|summary=The economic integration sought by Arab countries has been an aspirational one. Arab countries have not risen to the challenges posed to it by their unique circumstances. 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.
|journal=Legal Issues of Economic Integration
|pub_date=2007
|subject=Economics
}}

Notification of the GCC to the WTO as a Customs Union:The Whys and Hows

2018-12-28T03:29:10Z

Bmalkawi: Created page with "{{Summary |title=Notification of the GCC to the WTO as a Customs Union: The Whys and Hows |authors=Bashar H. Malkawi, |summary=The Gulf Cooperation Council (GCC) is generally..."

{{Summary
|title=Notification of the GCC to the WTO as a Customs Union: The Whys and Hows
|authors=Bashar H. Malkawi,
|summary=The Gulf Cooperation Council (GCC) is generally regarded as a success story for economic integration in Arab countries. The idea of regional integration gained ground by signing the GCC Charter. It envisioned a closer economic relationship between Member States. Although economic integration among GCC Member States is an ambitious step in the right direction, there are challenges ahead.One of the GCC challenges has been in the context of ‘dual notifications’ leading to political and legal frictions among World Trade Organization (WTO) members. The issue of ‘dual notification’ is not only a transparency issue, but also substantive and legal in nature.
|journal=Global Trade and Customs Journal
|pub_date=2015
|subject=Business
}}

The feasibility of alternative dispute resolution to resolve intellectual property disputes in Jordan

2018-12-28T03:26:23Z

Bmalkawi: Created page with "{{Summary |title=The feasibility of alternative dispute resolution to resolve intellectual property disputes in Jordan |authors=Bashar H. Malkawi, |summary=The purpose of this..."

{{Summary
|title=The feasibility of alternative dispute resolution to resolve intellectual property disputes in Jordan
|authors=Bashar H. Malkawi,
|summary=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.This article discusses two specific issues relating to the use of alternative dispute resolution (ADR) for the resolution of intellectual property disputes: the reasons why an owner or user of intellectual property rights might prefer to resolve disputes concerning those rights by means of ADR and whether disputes involving intellectual property rights are arbitrable.
|journal=Journal of Intellectual Property Law & Practice
|pub_date=2013
|subject=Business
}}

DE L’EFFICACITÉ DES MESURES ADMINISTRATIVES CONTRE LES NUISANCES SONORES DES AVIONS EN DROIT FRANÇAIS ET ÉMIRATI

2018-12-28T03:23:53Z

Bmalkawi: Created page with "{{Summary |title=DE L’EFFICACITÉ DES MESURES ADMINISTRATIVES CONTRE LES NUISANCES SONORES DES AVIONS EN DROIT FRANÇAIS ET ÉMIRATI |authors=Imad Eldin Abdulhay et Bashar..."

{{Summary
|title=DE L’EFFICACITÉ DES MESURES ADMINISTRATIVES CONTRE LES NUISANCES SONORES DES AVIONS EN DROIT FRANÇAIS ET ÉMIRATI
|authors=Imad Eldin Abdulhay et Bashar H. Malkawi
|summary=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 that the preventative and suppressive measures reflect the transversal nature of noise: they are both national and international regulations, but they are not homogenous, unitary and structured. Legislative policies, taking into account expert suggestions and opinions, must emerge in the UAE by following the recommendations on the protection of the environment of international institutions, such as ICAO. Thus, the mitigation measures would be used to redistribute aircraft noise to diminish its impact on the most sensitive areas. This article recommends measures such as modifying runways, as well as routes, and special manoeuvres to reduce noise during take-off and approach.
|journal=Annals of Air and Space Law
|pub_date=2017
|subject=Business
}}

EQUALITY OF ARMS IN THE DIGITAL AGE

2018-12-28T03:20:50Z

Bmalkawi: Created page with "{{Summary |title=EQUALITY OF ARMS IN THE DIGITAL AGE |authors=HAITHAM A. HALOUSH, BASEM MELHEM, AND BASHAR H. MALKAWI |summary=Electronic commerce is important, and perhaps, i..."

{{Summary
|title=EQUALITY OF ARMS IN THE DIGITAL AGE
|authors=HAITHAM A. HALOUSH, BASEM MELHEM, AND BASHAR H. MALKAWI
|summary=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 the growth of e-commerce.

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.
|journal=MqJBL
|pub_date=2008
|subject=Business
}}

The Intellectual Property Provisions of the United States–Jordan Free Trade Agreement: Template or Not Template

2018-12-28T03:16:38Z

Bmalkawi: Created page with "{{Summary |title=The Intellectual Property Provisions of the United States–Jordan Free Trade Agreement: Template or Not Template |authors=Bashar H. Malkawi, |summary=The obj..."

{{Summary
|title=The Intellectual Property Provisions of the United States–Jordan Free Trade Agreement: Template or Not Template
|authors=Bashar H. Malkawi,
|summary=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 first section provides a brief introduction to the US–JO FTA. The second section provides a critical analysis of the FTA’s protection of trademarks, copyright and patents. The third and fourth sections discuss enforcement and implementation of the intellectual property provisions of the FTA. The final section provides a conclusion regarding the intellectual property provisions of the US–JO FTA and highlights an alternative template for the proposed US–Middle East FTA.
|journal=The Journal of World Intellectual Property
|pub_date=2006
|subject=Business
}}

The Case of Income Tax Evasion in Jordan: Symptoms and Solutions

2018-12-28T03:13:57Z

Bmalkawi: Created page with "{{Summary |title=The Case of Income Tax Evasion in Jordan: Symptoms and Solutions |authors=Bashar H. Malkawi, |summary=The paper investigates the phenomenon of income tax evas..."

{{Summary
|title=The Case of Income Tax Evasion in Jordan: Symptoms and Solutions
|authors=Bashar H. Malkawi,
|summary=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. The paper then 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.
|journal=Journal of Financial Crime
|pub_date=2008
|subject=Business
}}

Legal Architecture and Design for Gulf Cooperation Council Economic Integration

2018-12-28T03:11:17Z

Bmalkawi: Created page with "{{Summary |title=Legal Architecture and Design for Gulf Cooperation Council Economic Integration |authors=Bashar H. Malkawi, |summary=The Cooperation Council for the Arab Stat..."

{{Summary
|title=Legal Architecture and Design for Gulf Cooperation Council Economic Integration
|authors=Bashar H. Malkawi,
|summary=The Cooperation Council for the Arab States of the Gulf (GCC) is generally regarded as a success story for economic integration in Arab countries. The idea of regional integration gained ground by signing the GCC Charter. It envisioned a closer economic relationship between member states. Although economic integration among GCC member states is an ambitious step in the right direction, there are gaps and challenges ahead.
|journal=Journal for Juridical Science
|pub_date=2011
}}

The Design and Operation of Rules of Origin in Greater Arab Free Trade Area

2018-12-27T07:25:45Z

Bmalkawi: Created page with "{{Summary |title=The Design and Operation of Rules of Origin in Greater Arab Free Trade Area |authors=Bashar H. Malkawi and Mohammad I. El-Shafie |summary=Rules of origin (ROO..."

{{Summary
|title=The Design and Operation of Rules of Origin in Greater Arab Free Trade Area
|authors=Bashar H. Malkawi and Mohammad I. El-Shafie
|summary=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.
|journal=Journal of World Trade
|pub_date=2019
}}

Parliamentary Participation in Making and Operation of International Economic Agreements

2018-12-27T03:19:25Z

Bmalkawi: Created page with "{{Summary |title=Parliamentary Participation in the Making and Operation of International Economic Agreements |authors=Bashar Malkawi |summary=Trade policy increasingly inters..."

{{Summary
|title=Parliamentary Participation in the Making and Operation of International Economic Agreements
|authors=Bashar Malkawi
|summary=Trade policy increasingly intersects with areas of domestic, economic, and social policy in Jordan.1 Therefore, it is vital thatelected representatives’ views influence the direction of international trade negotiations. The role of parliament in the treaty-making process has been the subject of debate in Jordan for several years. Although exact comparison with other countries proves difficult due to different political and constitutional structures, there is a compelling need for Jordan to catch up to other more comparable legislative systems in the area of parliamentary scrutiny of executive treaty-negotiating and treaty-making powers.8
|journal=Middle East Review
|pub_date=2018
}}

Can Article 25 Arbitration Serve as a Temporary Alternative to WTO Dispute Settlement Process?

2018-12-27T03:14:31Z

Bmalkawi: Created page with "{{Summary |title=Can Article 25 Arbitration Serve as a Temporary Alternative to WTO Dispute Settlement Process? |authors=Bashar H. Malkawi, |summary=When the WTO was first for..."

{{Summary
|title=Can Article 25 Arbitration Serve as a Temporary Alternative to WTO Dispute Settlement Process?
|authors=Bashar H. Malkawi,
|summary=When the WTO was first formed, DSU dispute settlement effectively replaced the weaker dispute settlement process that had existed before under the General Agreement on Tariffs and Trade (GATT) 1947, which until then had served as the principal multilateral agreement whereby contracting parties negotiated liberalizing trade by reducing tariffs.Yet, today, the WTO dispute settlement process is in a critical stage as the U.S. is preventing filling vacancies in the seven-member Appellate Body.

Under these circumstances, it is worth considering whether article 25 in the WTO DSU, which provides for binding arbitration, can serve as a "temporary alternative"? Theoretically, the answer is in the affirmative. Bashar Malkawi
|journal=Kluwer Arbitration Blog
|pub_date=2019
}}

Chinese SOE Investment: An Economic Statecraft

2018-12-27T03:11:33Z

Bmalkawi: Created page with "{{Summary |title=Chinese SOE Investment: An Economic Statecraft |authors=Bashar H. Malkawi |summary=China’s rising economic preeminence has been stunning, firmly ensconcing..."

{{Summary
|title=Chinese SOE Investment: An Economic Statecraft
|authors=Bashar H. Malkawi
|summary=China’s rising economic preeminence has been stunning, firmly ensconcing China as the second most powerful world economy replacing previously secondranked Japan. In a remarkably short span, less than 15 years, the US economy has experienced a relatively huge decline vis-à-vis China on a nominal GDP basis.China, many large companies are state-owned enterprises (SOEs), and are the most common form of entity that are involved investment.

In evaluating FDI from U.S. companies, the presumption is the decision to invest is 100 percent profit motivated; but the same cannot be said of Chinese SOE investment.
|journal=Opinio Juris
|pub_date=2019
|subject=Business
}}

The Alliance Between Islamic Law and Intellectual Property: Structure and Practice

2018-12-27T03:04:02Z

Bmalkawi: Created page with "{{Summary |title=The Alliance Between Islamic Law and Intellectual Property: Structure and Practice |authors=Bashar H. Malkawi, |summary=The concept of intellectual property i..."

{{Summary
|title=The Alliance Between Islamic Law and Intellectual Property: Structure and Practice
|authors=Bashar H. Malkawi,
|summary=The concept of intellectual property is not new. Protection for creative works was granted under the British Statute of Anne in 1710 and the Statute of Monopolies in 1624. In the 19th century, the term intellectual property began to be used,2 and in subsequent years, many of the legal principles governing intellectual property evolved.

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. In particular, the article elaborates on the legal concepts that may provide a basis for intellectual property protection in Sharia by analyzing the present-day challenges of incorporating new types of intellectual property rights under Sharia. The article also examines the reasons for the lack of sufficient protection for intellectual property rights in Arab countries considering that Sharia recognizes these rights in some form.
|journal=U. St. Thomas L.J.
|pub_date=2013
}}

The Intellectual Property Provisions of the United States–Jordan Free TradeAgreement: Template or Not Template

2018-12-26T23:42:18Z

Arab Countries' (Under) Participation in the WTO Dispute Settlement Mechanism

2018-12-26T22:33:43Z

Bmalkawi: Created page with "{{Summary |title=Arab Countries' (Under) Participation in the WTO Dispute Settlement Mechanism |authors=Bashar H. Malkawi, |summary=Under-representation by Arab countries in t..."

{{Summary
|title=Arab Countries' (Under) Participation in the WTO Dispute Settlement Mechanism
|authors=Bashar H. Malkawi,
|summary=Under-representation by Arab countries in the WTO dispute settlement process is a danger to the long-term legitimacy and credibility of the WTO. The WTO is more than a table for trade negotiations among its members. The WTO also aims to achieve free trade and economic development.14 If the WTO intends to achieve its stated principles, then it should be aware of inequities in the dispute settlement process and treatment of Arab countries.

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 article highlights the case(s) in which Arab countries participated in the WTO dispute settlement system. However, before addressing these issues, the article will briefly discuss the development of the WTO dispute settlement mechanism.
|journal=Flinders Law Journal
|pub_date=2012
|subject=Business
}}

Corporate Governance in Jordan: Role of the External Auditor

2018-12-26T22:25:57Z

Bmalkawi: Created page with "{{Summary |title=Corporate Governance in Jordan: Role of the External |authors=Bashar H. Malkawi |summary=In our globalized world, competition for capital is intense and only..."

{{Summary
|title=Corporate Governance in Jordan: Role of the External
|authors=Bashar H. Malkawi
|summary=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. Corporate governance encompasses numerous aspects of how a business is governed and the relationship between the company and various stakeholders. An important marker of good corporate governance is transparent and reliable financial reporting since investment decisions are based on financial statements which must be reliable and trustworthy.

An external auditor, through his professional opinion, plays a significant role in validating financial statements.

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. Part II discusses global trends in corporate governance with respect to the role of the external auditor. Part III of the chapter provides an overview of the development of the auditing profession in Jordan. In Part IV, the chapter analyzes in detail the specific provisions related to auditors in the Company Legislation of 1997. The part also points out various shortcomings and inconsistencies between rights and duties of auditors and makes suggested proposals for amending the current law.
|journal=CORPORATE GOVERNANCE IN ARAB COUNTRIES: SPECIFICS AND OUTLOOKS
|pub_date=2018
|subject=Business
}}

The Contents and Features of Dispute Settlement under the US – Jordan FTA

2018-12-26T22:22:00Z

Bmalkawi: Created page with "{{Summary |title=The Contents and Features of Dispute Settlement under the US – Jordan FTA: An Appraisal |authors=Bashar H. Malkawi |summary=A strong dispute resolution mech..."

{{Summary
|title=The Contents and Features of Dispute Settlement under the US – Jordan FTA: An Appraisal
|authors=Bashar H. Malkawi
|summary=A strong dispute resolution mechanism is a core component of FTAs which must provide a reliable and stable venue to address meritorious claims and deliver enforceable results and demonstrates the commitments of each government to comply with the contractual obligations. Without this commitment, businesses will be reluctant to risk capital. FTAs require legal foundation incentivizing stability, transparency, and compliance with obligations.

In the area of dispute resolution, the U.S. FTAs with Arab countries share some commonalities. However, the US – JO FTA clearly differs from other U.S. FTAs with Arab countries. Areas of difference include treatment of perishable goods, appeal, panel report, and implementation of panel report. The dispute settlement mechanism in the US – JO FTA can be improved in several concrete ways.

The purpose of the article is to analyse and assess the dispute settlement mechanism provided for by the US – JO FTA. The article concludes by proposing improvements to the US – JO FTA dispute resolution mechanism and additions to its existing provisions. These improvements will address potential concerns and should contribute to a higher utilization of the FTA as well as serve as a template for a more expansive US-led regional FTA.
|journal=Manchester Journal of International Economic Law
|pub_date=2018
|subject=Economics
}}