Programme of the seminar organised by SIGMA for the Tunisian Court of Accounts on the theme of the financial and administrative independence of Supreme Audit Institutions (SAI), held in Tunis on 12 July 2016.
Programme of the seminar organised by SIGMA for the Tunisian Court of Accounts on the theme of the financial and administrative independence of Supreme Audit Institutions (SAI), held in Tunis on 12 July 2016.
Bashar Malkawi, Iraq Back on Track_ The Case for Expediting WTO Accession.pdfBashar H Malkawi
This paper advocates that the World Trade Organization
(“WTO”) should revise the accession process for countries
classified by the World Bank as “Fragile and Conflict Affected”
(“FCA”), in order to expedite the accession timeline and allow
more expansive concessions, transition times, and technical
assistance, similar to the terms of accession currently applied to
Least Developed Countries (“LDCs”). Specifically, WTO should
permit FCA countries recovering from crisis, genocide, natural
disaster, or other severe unrest, to take advantage of the more
flexible “special and differential treatment” accession provisions
typically accorded to LDCs in the existing WTO system, while
also providing enhanced “trade-related technical assistance”
(TRTA) programming to such FCA countries to speed their
accession process. This paper describes the WTO accession
challenges faced by Iraq as a case study in why expediting WTO
membership of FCAs is a critically important way to help such
countries attract new investment and encourage economic growth
and diversification of economies that tend to rely heavily in single
commodities such as oil
Bashar Malkawi, Here’s how China is responding to US sanctions – with blockin...Bashar H Malkawi
After a recent meeting between U.S. Treasury Secretary Janet Yellen and officials in Beijing, China released a statement demanding “practical action” over the issue of sanctions. The implication was that the punitive measures – imposed by the U.S. government on hundreds of Chinese individuals and entities over the past few years – impede any alleviation of the strained relations between the two economic giants.
The statement followed a testy encounter in May 2023 in which Chinese Defense Minister Li Shangfu refused to meet his American counterpart because of sanctions. Clearly, the economic measures are hurting China – prompting not only tough words but also countermeasures to limit their impact.
As a professor of law and an expert on international trade, I study both how the U.S. sanctions China and how China attempts to counter these sanctions. I also analyze whether China’s countermeasures are working.
Direct and indirect expropriation of FDI Supervised by Bashar H. MalkawiBashar H Malkawi
There are unseen difficulties arise along with the government measures whose main object is not to expropriate or to nationalize the foreign investment, but to deprive the rights attached to the investments of the foreign. These measures are generally known as measures of indirect expropriation or nationalization.
Bashar H. Malkawi, legal architecture and design for gcc economic integrationBashar H Malkawi
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.
Parliamentary participation in international economic agreements by Bashar H....Bashar H Malkawi
Trade policy increasingly intersects with areas of domestic, economic, and social policy in Jordan.Therefore, it is vital that
elected 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 treatymaking
powers.
Contents and Features of dispute settlement under US Jordan FTA by Bashar H. ...Bashar H Malkawi
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.
Catalogue of college of law University of Sharjah (UAE). Academic programs (Bachelor, LLM, and Phd). College of Law description of its administration, structure, and faculty members. The new LLM in Air & Space Law offered by the college.
Bashar H. Malkawi
Safeguard Mechanism in Jordan by Bashar H MalkawiBashar H Malkawi
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. The article also examines safeguard measures under the U.S.-Jordan Free Trade Agreement.
Anatomy of the case of arab countries and the wto Bashar H. MalkawiBashar H Malkawi
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 positionsof Arab officials and civil societies in Arab countries toward globalization
and the multilateral trading system.
Arab countries participation in the wto dispute settlement mechanism bashar h...Bashar H Malkawi
The paper analyzes Arab countries participation or non-participation in the WTO dispute settlement mechanisn. Specifically, the paper examines the reasons for Arab countries under participation in the WTO dispute settlement mechanism and other alternatives to remedy this state of affair.
Bashar Malkawi, Iraq Back on Track_ The Case for Expediting WTO Accession.pdfBashar H Malkawi
This paper advocates that the World Trade Organization
(“WTO”) should revise the accession process for countries
classified by the World Bank as “Fragile and Conflict Affected”
(“FCA”), in order to expedite the accession timeline and allow
more expansive concessions, transition times, and technical
assistance, similar to the terms of accession currently applied to
Least Developed Countries (“LDCs”). Specifically, WTO should
permit FCA countries recovering from crisis, genocide, natural
disaster, or other severe unrest, to take advantage of the more
flexible “special and differential treatment” accession provisions
typically accorded to LDCs in the existing WTO system, while
also providing enhanced “trade-related technical assistance”
(TRTA) programming to such FCA countries to speed their
accession process. This paper describes the WTO accession
challenges faced by Iraq as a case study in why expediting WTO
membership of FCAs is a critically important way to help such
countries attract new investment and encourage economic growth
and diversification of economies that tend to rely heavily in single
commodities such as oil
Bashar Malkawi, Here’s how China is responding to US sanctions – with blockin...Bashar H Malkawi
After a recent meeting between U.S. Treasury Secretary Janet Yellen and officials in Beijing, China released a statement demanding “practical action” over the issue of sanctions. The implication was that the punitive measures – imposed by the U.S. government on hundreds of Chinese individuals and entities over the past few years – impede any alleviation of the strained relations between the two economic giants.
The statement followed a testy encounter in May 2023 in which Chinese Defense Minister Li Shangfu refused to meet his American counterpart because of sanctions. Clearly, the economic measures are hurting China – prompting not only tough words but also countermeasures to limit their impact.
As a professor of law and an expert on international trade, I study both how the U.S. sanctions China and how China attempts to counter these sanctions. I also analyze whether China’s countermeasures are working.
Direct and indirect expropriation of FDI Supervised by Bashar H. MalkawiBashar H Malkawi
There are unseen difficulties arise along with the government measures whose main object is not to expropriate or to nationalize the foreign investment, but to deprive the rights attached to the investments of the foreign. These measures are generally known as measures of indirect expropriation or nationalization.
Bashar H. Malkawi, legal architecture and design for gcc economic integrationBashar H Malkawi
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.
Parliamentary participation in international economic agreements by Bashar H....Bashar H Malkawi
Trade policy increasingly intersects with areas of domestic, economic, and social policy in Jordan.Therefore, it is vital that
elected 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 treatymaking
powers.
Contents and Features of dispute settlement under US Jordan FTA by Bashar H. ...Bashar H Malkawi
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.
Catalogue of college of law University of Sharjah (UAE). Academic programs (Bachelor, LLM, and Phd). College of Law description of its administration, structure, and faculty members. The new LLM in Air & Space Law offered by the college.
Bashar H. Malkawi
Safeguard Mechanism in Jordan by Bashar H MalkawiBashar H Malkawi
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. The article also examines safeguard measures under the U.S.-Jordan Free Trade Agreement.
Anatomy of the case of arab countries and the wto Bashar H. MalkawiBashar H Malkawi
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 positionsof Arab officials and civil societies in Arab countries toward globalization
and the multilateral trading system.
Arab countries participation in the wto dispute settlement mechanism bashar h...Bashar H Malkawi
The paper analyzes Arab countries participation or non-participation in the WTO dispute settlement mechanisn. Specifically, the paper examines the reasons for Arab countries under participation in the WTO dispute settlement mechanism and other alternatives to remedy this state of affair.