Bashar H. Malkawi

Bashar H. Malkawi
The University of Arizona | UA · James E. Rogers College of Law

Doctor of Philosophy

About

165
Publications
36,742
Reads
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1,382
Citations
Introduction
Bashar H. Malkawi currently works at James E. Rogers College of Law, University of Arizona. Bashar H. Malkawi does research on international trade law (WTO/GATT), business law, intellectual property, free trade agreements, and economic integration.
Education
August 2002 - August 2005

Publications

Publications (165)
Conference Paper
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Market-Oriented Conditions and WTO Reform: The Implication for China
Article
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Advisory Board Member, Dirasat Sharia and Law Sciences
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Member, Brill Publication Ethics Committee
Article
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Inspection rights constitute a core component of corporate law. These rights give shareholders the opportunity to examine a company’s books and records. The UAE Federal Commercial Companies Law No. 32 of 2021 included provisions that provide for shareholder’s inspection rights. The law provides for a wide variety of documents that a shareholder can...
Presentation
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Shareholder inspection rights permit a shareholder to access the necessary documents of the company in which he/she owns shares or interests. These rights address the issues of information asymmetry and minimize agency costs prevalent in many corporate structures. In the UAE, the Commercial Companies Law No. 32 of 2021 codified shareholder inspecti...
Presentation
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Parties to a contract are obligated to execute it according their contractual relationship. Not a single party is permitted to retract from that contract unilaterally. In electronic commerce, individuals have the right of retraction from a contract unilaterally during certain time period, without giving any reason or seeking permission of the other...
Article
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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 curr...
Poster
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The House passed President Biden’s Build Back Better Act (BBB), which includes a crucial provision that would allow the federal government to negotiate drug prices through its Medicare program. This provision must remain in the Senate’s version of the bill if we are to finally reign in the astronomical cost of prescription drugs in this country.
Data
The Hub is pleased to provide a new resource to policymakers, the press and the public. The Digital Trade Scholars Network is a list of data governance and digital trade scholars from around the world which highlights some of their publications, expertise, and contact information. Please use the list to find experts in privacy, digital trade chapte...
Conference Paper
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PPMs under WTO law
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The Chinese patent law was enacted in 1985 and amended in 1992, 2000 and 2008. Importantly, on 17 October 2020, new amendments were enacted,due to take effect on June 1, 2021. Compensation for patent infringement is one of the key areas of focus.
Article
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Japan imposed tighter export control measures on chemicals used by South Korean companies to produce semiconductors and smart phones and TV displays. In addition, Japan removed South Korea from a "white list" of twenty-seven preferential trading partners that can import Japanese goods without added procedures. Adding to list of countries – such as...
Article
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 prosperit...
Poster
Full-text available
Global Education Policy Network (GEPN) is a global initiative sponsored by Prince Sultan University (Saudi Arabia) and The State University of New York at Buffalo (United States). In the face of the ongoing COVID-19 pandemic, GEPN aims to bring together leading global researchers and experts from across the globe to inform data driven policies in...
Conference Paper
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Conference Theme: Managing Disruption
Poster
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Free trade is a core component of the global governance architecture and recent decades have witnessed the legalization of international economic law. Institutions that govern international economic relations today such as the World Trade Organization (WTO) grew out of an understanding that peace cannot flourish in a world with trade barriers
Article
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Volume 22 of the Atlantic Law Journal.
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The promotion consists mainly of: - a reduced fee, for selected candidates that mention the flyer in their admission package - an emergency-tailored policy on the delivery of the 'face-to-face' phase in case the outbreak of a new sanitary emergency requires online teaching only.
Conference Paper
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Summer Academic Online Conference Law Schools Global League National Research University Higher School of Economics, Moscow, Russia 17 July 2020 The 3R Initiative: Re-thinking, Re-packaging and Rescuing World Trade Law
Conference Paper
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The theme of our conference is Managing Disruption. Selection of this as the conference theme has become more relevant than anyone could have imagined. Higher education is facing enormous pressure to adapt to changing circumstances. Legal studies faculty who teach in business schools have an important role to play, and it is my hope that the confer...
Cover Page
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Certificate of Participation in Directions in Legal Education Conference 2020
Cover Page
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Call for Papers: Governing and Living Amid COVID-19 in the MENAGovernments throughout the entire world are grappling with the unchartered waters of COVID-19. As elsewhere, responses to the challenge have varied greatly across the MENA with some national leaders taking action early and decisively and others all but denying its existence. COVID-19 is...
Conference Paper
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Summer Academic Online Conference Law Schools Global League National Research University Higher School of Economics, Moscow, Russia 17 July 2020 The 3R Initiative: Re-thinking, Re-packaging and Rescuing World Trade Law To participate, register here: https://forms.gle/faqqWJfu4KjUPKQbA Program
Article
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USMCA contains provisions to protect fish stocks and tackle marine litter – but it says nothing about climate change.The flagship USMCA trade agreement between the United States, Canada and Mexico is coming into force on 1 July 2020 How does this agreement deal with environmental issues? Bashar Malkawi and Shakeel Kazmi walk us to the key provision...
Presentation
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2020 Annual Meeting – UN @ 75: The Future of Partnership and Multilateralism
Article
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The multilateral trading system has served the world remarkably well over the past seventy years, as it has during the World Trade Organization’s (“WTO”) twenty-five years in existence. On average, global incomes have risen dramatically, and the number of those living in poverty has declined sharply. There is, nevertheless, criticism of the WTO. On...
Article
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Many countries have undertaken commitments to liberalize trade by lowering tariffs and non-tariff barriers. However, safeguard measures are intended to shield temporarily a domestic industry from increased imports that threaten to harm the domestic industry. Jordan, as member of the World Trade Organization (WTO), enacted its own laws to comply wit...
Presentation
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Prof. Bashar H. Malkawi, ‘Legal Education in the Middle East: What type of lawyers the Middle East must have?’
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Editorial Board Member European Journal of Islamic Finance
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IJIPM focuses on the study of intellectual property (IP) across a wide range of topics, and embraces studies of IP from the fields of business, management, economics and government policy. Different perspectives that encourage innovation and knowledge creation and transfer are welcome, particularly those which reflect IJIPM's special emphasis on ho...
Chapter
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The conference proceedings book "Corporate governance: Examining key challenges and perspectives" discusses recent trends in scholarly research related to corporate governance. Authors consider both traditional issues of corporate governance and those that have been challenged recently. The structure of this conference proceedings book is very inno...
Presentation
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Hague Centre for International Law and Investment
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Analysis of patents under Emirati law
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The Supreme Court’s invalidation of Georgia’s copyright on its annotations in state code will have a huge impact on copyright for government works for decades to come.
Presentation
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Presentation on China's industrial policy and trade relation with the U.S.
Conference Paper
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The aim of this conference is to move the field closer to a global theory by advancing our understanding of corporate governance, which combines insights from the literature on firm governance bundles with insights from the national governance systems literature, investigating new perspectives and challenges for corporate governance and outlining p...
Article
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At Lexology, Bashar Malkawi writes that “[a]gainst the current trend we have seen over the past decades, copyright can and should be curtailed in some circumstances,” as it was in Georgia v. Public.Resource.Org Inc., in which the court held that Georgia is not entitled to copyright protection for its official annotated code [Disclosure: Arnold & Po...
Article
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Copyright is an engine for knowledge. Although copyright creates monopoly, it should not be considered as a good in itself, but as a tool which can be used to achieve societal desirable objectives. Against the current trend we have seen over the past decades, copyright can and should be curtailed in some circumstances. The U.S. Supreme Court, in a...
Data
The Journal of Education for Business is for those educating tomorrow's business people. The journal primarily features basic and applied research-based articles in entrepreneurship, accounting, communications, economics, finance, information systems, management, marketing, and other business disciplines.
Article
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The spread of Coronavirus in early 2020 posed many challenges for governments worldwide. Millions of people were affected, and thousands died. The world economy cannot significantly recover unless and until 1) testing is very widely available so businesses can rehire those who have already been infected and demonstrate immunities; and 2) there is a...
Article
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During the current COVID-19 pandemic, many aspects of higher education have been forced to change. The move towards classes using online learning platforms is the most documented fundamental shift. Zoom, Google Meet, and Microsoft Teams are de rigeur for educational institutions at all levels. Now we must adapt our evaluation and feedback processes...
Conference Paper
Full-text available
Digital trade offers economy-wide benefits. The advancement of technology has aided international business. Millions of people worldwide use the Internet to do everything from research to purchasing products online. One of the many uses derived from the Internet is the development of digital trade. Digital trade lends itself to distinctive issues....
Article
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In 2007, the UAE introduced Federal Law No. 13 of 2007, signaling a greater commitment to the adoption of the controls necessary for it to be allowed to carry on nuclear energy projects. It was an ambitious attempt by the country to control exports of sensitive goods.
Article
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Discuss global and domestic insolvency law topics as we seek to advance the dialogue on these topics between academics, the practicing bar and bankruptcy bench.
Cover Page
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Editorial Board, Middle East Law and Governance
Technical Report
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The World Justice Project (WJP) Rule of Law Index® 2020 report was prepared by the World Justice Project.
Article
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Intellectual property (IP) — patent, copyright, trademark and industrial design — is the foundation for a thriving consumer society and a significant driver for economic growth. Most importantly for right now, it is the engine to help the globe out of the coronavirus pandemic.
Article
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The Coronavirus 2019 (COVID-19) pandemic has created significant challenges for the global higher education community. Through a desktop analysis leveraging university and government sources where possible, we provide a timely map of the intra-period higher education responses to COVID-19 across 20 countries. We found that the responses by higher e...
Cover Page
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Editorial Board, Middle East Law and Governance
Cover Page
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Bashar H. Malkawi, The Challenge of Corona and Legislation in the UAE Al-Roeya Newspaper
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Editorial Board Member, International Journal of Private Law
Article
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Kenote Speaker, Global IP and Technology Disputes Forum 2020 Bashar H. Malkawi
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Since the 2007 introduction of an export control law, the United Arab Emirates has strived to join forces against proliferation. But in the face of contemporary challenges more must be done – starting with a publicly-available control list, writes Bashar Malkawi.
Cover Page
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Recommendation letter by Chancellor of University of Sharjah, Prof. Hamid Al-Naimiy
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Editorial Board Member, International Journal of Business and Social Research
Presentation
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Lecture Notes: "Gender and Business/Trade law" Course. Central European University, Budapest, Hungary, 2020
Cover Page
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Editorial Board Member, Knowledge Management Research and practice
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Society of International Economics Law Newsletter 2020
Cover Page
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Member, ICSID Review, Peer Review Board
Poster
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Signing Ceremony of MOU on Professional Legal Diploma, Government of Dubai 2020
Article
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Bashar Malkawi, member, Scientific Advisory Board Committee IFKAD
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Director of Knowledge Management Head of Research and Publications Editorial Board Member, International Journal of Knowledge and Learning
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Reviewer for Journal of Legal Studies Education
Cover Page
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Bashar H. Malkawi, Editorial Board Member, Journal of Legal Studies
Conference Paper
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Welcome to the Second IP & Innovation Researchers of Asia (IPIRA) Conference and Workshop for IP Teachers and Researchers, held at the Faculty of Law, Universitas Indonesia! IPIRA was created in 2019 as an annual initiative of the IP & Innovation Researchers of Asia Network, to provide a forum for intellectual exchanges between researchers interes...
Presentation
Full-text available
IPIRA was created in 2019 as an annual initiative of the IP & Innovation Researchers of Asia Network, to provide a forum for intellectual exchanges between researchers interested in IP and Innovation law in Asia and beyond. IPIRA is proud to welcome researchers from all nationalities and levels of seniority, to meet and discuss their works-in-progr...
Cover Page
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Certificate for distinguished reviewer "Corporate Board: Role, Duties and Composition"
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Editorial Board Member of Manchester Journal of Transnational Islamic Law & Practice
Article
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يهدف المقال إلى بحث بعض مشكلات حوكمة الشركات العائلية في الدول العربية.
Article
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يهدف المقال إلى التطرق إلى بعض المشاكل التي تواجه الشركات العائلية في الدول العربية وتقديم المقترحات اللازمة بهذا الشأن
Article
Full-text available
Japan imposed tighter export control measures on chemicals used by South Korean companies to produce semiconductors and smart phones and TV displays. In addition, Japan removing South Korea from a "white list" of twenty-seven preferential trading partners that can import Japanese goods without added procedures. Adding to list of countries-such as t...
Article
Full-text available
The essay affords an important insight into the benefits of trade openness, diversification, and economic competitiveness. The UAE was successful in its economic endeavors by creating gainers. Much attention was paid to the issues of wealth distribution and fairness in the allocation of economic resources. The foremost lesson is that formal institu...
Article
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Bashar Malkawi, International Journal of Law and Technology
Article
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Corporate governance faces a new set of challenges in light of COVID-19. Corporations would have to reduce their finance by assuming more debt and providing dividends for shareholders. This will lead to a stable financial environment. Corporations might choose among diverse interests that would include a mix of government interests and concentrated...
Technical Report
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The annual report of the publishing house Virtus Interpress
Article
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Through the benefits of trade openness, diversification, and economic competitiveness, the UAE was successful in its economic endeavors by creating economic winners and protecting those who have been hurt by the embrace of globalization. The country also paid special attention to the issues of wealth distribution and fairness in the allocation of e...
Article
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Effective corporate governance covers wide array of issues ranging from separation of the CEO and chair of the board to the orientation for new directors. The articles published in this issue contribute to the existing literature in the field.
Article
Full-text available
Japan imposed tighter export control measures on chemicals used by South Korean companies to produce semiconductors and smart phones and TV displays. In addition, Japan removing South Korea from a "white list" of twenty-seven preferential trading partners that can import Japanese goods without added procedures. Adding to list of countries – such as...
Article
Full-text available
The Law and Development Institute and the University of Dubai College of Law co-host the 2019 Law and Development Conference in Dubai, UAE in collaboration with the Global Forum on Law, Justice, and Development facilitated by the World Bank.
Poster
Full-text available
The Law and Development Institute and the University of Dubai College of Law co-host the 2019 Law and Development Conference in Dubai, UAE.Law, legal frameworks, and institutions have significant impact on economic and social development; however, the role of law and legal institutions for development in the Islamic world has not been sufficiently...
Conference Paper
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The purpose of the paper is to examine the impact of the financial crisis on the EU
Article
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This Issue of the Middle East Review, our Committee’s regular publication of legal news and developments from the Middle East and North Africa (MENA) region, is the third since the 2016-17 American Bar Association bar year.The Middle East Review (MER) is a regular publication with articles from students, academics and practitioners on legal develop...
Cover Page
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Certificate for attending training program (Managing Government Resources) run by the Government of Dubai.
Poster
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Conference program, 14 th INTERNATIONAL SILK ROAD CONFERENCE ON GLOBALIZATION: TRENDS AND PERSPECTIVES
Poster
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Conference Program Bashar Malkawi, UNIFICATION OR DIVERSION ON THE USE OF “GOOD FAITH” UNDER THE CISG AND UAE CIVIL CODE
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This data is part of project run by Boston University Law School.
Cover Page
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The list of advisory board members for the University of Bologna Law Review. Bashar Malkawi
Preprint
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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 a...
Preprint
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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 shed...
Preprint
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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 significa...
Article
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China has overtaken Japan as the world's second-biggest economy.1 In a remarkably short span– less than fifteen years– the United States economy has experienced a relatively huge decline vis-à-vis China on a nominal GDP basis.
Article
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The National Security Law Brief is excited to publish the second issue of the Forum on National Security Law. This issue, completed with the help and support of the Volume IX editorial board, is a project designed to increase the Brief’s scope by providing an opportunity for practitioners and students alike to explore debates in national security l...
Article
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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 theUSA. My claim in this article is that the intellectual property part of the US–JO FT...
Cover Page
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Representative Neutral to serve as Mediator, Arbitrator, Negotiator, Ombudsman
Article
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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 W...
Article
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It is assumed that the parties to the FTA will carry out their commitments in good faith. Persons and companies would risk capital and may suffer potential loss; therefore FTAs require a strong legal foundation incentivizing stability, transparency and compliance with obligations. The dispute settlement mechanism in FTAs is necessary as they provi...

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Projects

Projects (3)
Project
Global Education Policy Network (GEPN) is a global initiative sponsored by Prince Sultan University (Saudi Arabia) and The State University of New York at Buffalo (United States). In the face of the ongoing COVID-19 pandemic, GEPN aims to bring together leading global researchers and experts from across the globe to inform data driven policies in education
Project
This project seeks to understand how the higher education is being reshaped by the coronavirus (COVID-19) pandemic. This includes specific and collaborative reflection and evidence relating to the students, academics, and institutions and how these are being challenged by the COVID-19 pandemic.