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168Bashar H. Malkawi, Signing Ceremony of MOU on Professional Legal Diploma, Government of Dubai 2020Dubai Legal Periodical 2 1. 2020.Signing Ceremony of MOU on Professional Legal Diploma, Government of Dubai 2020
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259حوكمة الشركات العائلية في الدول العربيةAl Ahram 13 10. 2020.يهدف المقال إلى التطرق إلى بعض المشاكل التي تواجه الشركات العائلية في الدول العربية وتقديم المقترحات اللازمة بهذا الشأن
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161UAE's International Trade Policy: A Model for OpennessForbes Middle East 3 3. 2019.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 economic resources (inclusive globalization). The most important lesson from UAE’s economic growth is that strong formal institutions with sound vision…Read more
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504Middle East ReviewMiddle East Review 3. 2019.The Middle East Review (MER) is a regular publication with articles from students, academics and practitioners on legal developments in the Middle East and North Africa (MENA) region. The contributors have written intellectually stimulating and informative articles, and we are grateful for their patience with us in the extended process of getting Issue 3 to publication.
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387Business Law in a Nutshell. 2020.The text offers a comprehensive introduction to business law and the Jordanian legal system. The textbook provides for key concepts and terms, contract basics, corporate structures, legal aspects of buying and selling, common pitfalls, international business issues and more. The text is comprehensive, in that there are chapters that cover what one would expect a business law text to cover, including intellectual property, real property, insurance, and bankruptcy.
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5Derivatives Law and Practice in the Middle EastBoston University Law Review 26. 2019.The purpose of the paper, part of a project by Boston University Law School, is to examine derivatives law and practice in selected Middle Eastern countries including the UAE.
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523Export Control Regulations in the United Arab Emirates - Comparative Analysis with the United KingdomInt J Financ Econ Trade 3 (1): 48-57. 2019.Governments across the world appreciate the need for checks on the transfer or exportation of commodities, information, software, and technology considered of strategic value. In order to control exports, countries rely on laws, treaties, international arrangements and other related instruments. In the current case, the UAE is largely dependent on Federal Law No. 12 of 2008 while the UK depends on the Export Control Act of 2002. It is established that the legislations enact amendments to reflect…Read more
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160The Social Clause of the U.S.-Jordan Free Trade Agreement: One Step Forward, Two Steps Back?Journal of Law (Kuwait) 32 11-42. 2008.The purpose of this paper is to examine the labor and environment provisions of the US-Jordan FTA.
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137The Anti-Danish Trade Boycott: Can it be Challenged under the World Trade Organization?Mu'tah Journal for Research and Studies: Humanities and Social Sciences Series 22 61-84. 2008.The purpose of the paper is to examine trade boycott of Arab countries of Danish goods and role of WTO.
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4International and Comparative Insolvency Law SymposiumUniversity of Miami International and Comparative Law Review 13 1-6. 2019.The purpose of the symposium is to address global and domestic insolvency law issues.
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432Chinese State-Owned Enterprise InvestmentThe Forum on National Security Law 10 (S1): 22-33. 2019.China has overtaken Japan as the world's second-biggest economy. 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.
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194The New “Regulations Lab” in the UAE: The Way ForwardLaw and Philosophy 1. 2019.In this context, the UAE enacted federal law authorizing the UAE Cabinet to grant temporary licenses for testing innovations that use future technologies and its applications such as Artificial Intelligence. The law aims at providing a safe test environment for legislation that meet the technological revolution. This is done in collaboration with “Regulations Lab” that was set up in January 2019 in Dubai Future Foundation
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227Jordan Imports and Tariff Regimes: A RevisitGlobal Trade and Customs Journal 14 308-318. 2019.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 purpos…Read more
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14606يهدف الكتاب إلى دراسة أحكام الاوراق التجارية وفق قانون المعاملات التجارية الاتحادي الإماراتي.
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299It 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 provide means to settle disagreements on interpretation or compliance with treaty obligations. The dispute settlement mechanism help ease tensions among …Read more
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210Restructuring of Financially Distressed CompaniesJournal of Law 32. 2015.The purpose of this article is to examine restructuring procedures according to existing UAE laws and draft legislation on bankruptcy.
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201Dispute Settlement in EU Association Agreements with Arab CountriesNexus - Chapman's Journal of Law & Policy 45 1-12. 2019.The dispute settlement mechanism in FTAs is necessary as they provide means to settle disagreements on interpretation or compliance with treaty obligations. The dispute settlement mechanism help ease tensions among FTA parties and maintain healthy relationships among trading partners. Bashar H. Malkawi
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166The New UAE Company LawGeorgetown Journal of Law and Public Policy 13 1-5. 2018.The purpose of the paper is to examine key provisions in the UAE company law.
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629Termination of International Sale ContractLaw and Philosophy 1-23. 2019.Termination in international contracts is considered a harsh sanction that harms international trade for each breach of contract or its provisions. The interest of international trade is fulfilled in maintaining and completing performance of contract, even if with a breach rectifiable by remedy. The termination destroys the contract and results in returning goods after their dispatch in addition to the accompanying new freight and insurance expenses and administrative and health procedures neces…Read more
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630Conference on Corporate Governance: Search for the Advanced PracticesConference Proceedings 3. 2019.The purpose of the article is to examine the role of the board of directors in corporate law in Jordan.
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420The Design and Operation of Rules of Origin in Greater Arab Free Trade Area: Challenges of Implementation and ReformJournal of World Trade 53 (2). 2019.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…Read more
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779Digitalization of International TradeJournal of Law and Technology 23. 2019.The question this article addresses is how the WTO supports and deals with digital trade. The article then analyzes how existing WTO agreements have dealt with digital trade. The article also addresses recent trade agreements particularly the USMCA.
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213Reforming Rules of Origin in Greater Arab Free Trade Area for Effective Economic IntegrationEconomic Research Policy Forum Brief 29 1-7. 2017.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 im…Read more
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723Internet Characteristics and Online Alternative Dispute ResolutionHarvard Negotiation Law Review 13 327-348. 2008.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,…Read more
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181Restoring Trust in Free TradeRegulating for Globalization 12 2. 2018.The paper examines the ways trust can be re-build for the future of free trade.
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600Islamic Law and Free Trade: Compatibility and ConvergenceJournal of Islamic State Practices in International Law 2 37-54. 2006.The purpose of the paper is to examine free trade in Islamic law.
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426The Feasibility of Alternative Dispute Resolution to Resolve Intellectual Property Disputes in JordanJournal of Intellectual Property Law and Practice 8 146-153. 2013.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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268Bashar H. Malkawi, Regional Agreements and Regulatory Barriers to Trade in Services: Building Blocks to the Multilateral FoundationJournal of Business Law 34 251-265. 2019.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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1152Reflection on Exclusivity and Termination of Commercial Agency in Jordan: TheIntertwining of Domestic Regulation and International Trade LawEstey Journal of International Law and Trade Policy 19 (2). 2019.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-exclusivi…Read more
American University Washington College of Law
Alumnus, 2005
Tucson, Arizona, United States of America
Areas of Specialization
Other Academic Areas |
Justice in Applied Ethics |
Areas of Interest
Other Academic Areas |
Natural Law Theories |
Justice in Applied Ethics |