About the Author
Acknowledgments
General Introduction
Chapter 1 United States Bilateral Free Trade Agreements in Public International Law
Introduction
I United States Bilateral Free Trade Agreements in Public International Law
A Important Concepts in International Trade Law
B The US Bilateral Free Trade Agreement in International Law
II The Overlap of Jurisdiction in International Trade Law
A The Overlap of Jurisdiction
1 The Compulsory Nature of the Jurisdiction of Panels under WTO/DSU
B Case Study of the US–Oman Free Trade Agreement
C Forum Shopping
III Principles of International Law
A Res Judicata
B Lex Posteriori
C Comity
Conclusion
Chapter 2 United States Bilateral Free Trade Agreements and Middle Eastern Norms
Introduction
I The Middle East
A Economic, Political and Legal Conditions of the Middle East
B Free Trade in Middle Eastern Literature and Public Perception
II Regional Trade Agreements and Initiatives in the Middle East
A The Great Arab Free Trade Area (GAFTA)
1 History of GAFTA
2 Structure of the GAFTA
3 Enforcement of the GAFTA
4 Investment Protection under the GAFTA
5 Current Inter-Arab Investment
6 Institutional Deficiencies in the GAFTA
7 The GAFTA Lacks Transparency
8 The GAFTA Lacks Effective Dispute Settlement Mechanism
9 The GAFTA Does Not Liberalize Services
10 GAFTA Lacks a Strong Leader
11 Future of the GAFTA
B The Gulf Cooperation Council
1 History of the GCC
2 Structure of the GCC
a The Supreme Council
b Settlement of Disputes Commission
c The Ministerial Council
d The Secretariat-General
3 Enforcement of the GCC
4 Investment Protection in the GCC
5 Institutions of the GCC
6 Transparency
7 Dispute Settlement Mechanism
8 Liberalization of Services
9 Leadership
10 Future of the GCC
C The Middle East Free Trade Initiative (MEFTI)
1 History of the MEFTA
2 The Rise and Fall of the MEFTA
3 MEFTA Membership
4 FTA Negotiations between the United States and Egypt
a Profile of Egypt
b Why Egypt Is Not in the MEFTA?
c The Breakdown Reasons
5 Enforcement of the MEFTA
6 Investment Chapter in MEFTA
7 Transparency of the MEFTA
8 Dispute Settlement Mechanism of the MEFTA
9 Liberalization of Services
10 Institutions of the MEFTA
11 Leadership of the MEFTA
12 The Future of the MEFTA
D Comparing Regional Agreements and Initiatives in the Middle East
III Are US Bilateral Free Trade Agreements Consistent with Middle Eastern Norms?
A Points of Agreement
1 The Formalities of US Bilateral Free Trade Agreements
2 The Objectives of US Bilateral Free Trade Agreements
3 Consensual Norm
4 Transparency and Commitments to Combat Bribery Norms
5 Applicable Law Norms
6 Fulfilment and Performance of Obligations of US Bilateral Free Trade Agreements Should be in Good Faith
7 National Treatment Norm
8 Most-Favoured Nation Treatment Norm
9 Environment Protection Norms
10 E-Commerce
11 Investment Liberalization Norms
12 Trade Liberalization Norms
13 Labour Protection Norms
14 Fair Trade Norms
15 Dispute Settlement Norms
16 Intellectual Property Protection Norms
B Points of Disagreement
1 Scope of Agreement
Conclusion
Chapter 3 Free Trade in Islamic International Law
Introduction
I Commerce in Islamic Law
A Sources of Islamic Law
B The Concept of Commerce in Islamic Law
1 Commerce in the Quran
2 Commerce in Sunna
C Government Controls on Commerce
1 The Role of Islamic State (the Hisbah System and Regulating the Market in the Islamic State)
2 Commerce in Islamic State
II International Trade Relations in Islam
A International Trade in the Quran and Sunna
B Administration of Tariffs in Early Islamic State
C International Trade Relations between Islamic and Non-Islamic States
1 Islamic Schools' Stance on Trade with Non-Muslims
D Case Study of Current Egyptian Customs Laws (Administration of Tariffs in Contemporary Islamic State)
1 The Legal Organization of Customs in Egypt
2 The Egyptian Harmonized Tariff Schedule (EHTS) (The Egyptian Administration of Tariffs in the Lens of Islamic Law)
III Are US bilateral Free Trade Agreements Consistent with Islamic Law?
A Points of Agreement
1 The Formalities of US Bilateral Free Trade Agreements
2 Scope of Agreement
3 The Objectives of US Bilateral Free Trade Agreements
4 Consensual Norm
5 Reciprocity Norm
6 Fulfilment and Performance of Obligations of US Bilateral Free Trade Agreements Should Be in Good Faith
7 E-Commerce
8 Transparency and Commitments to Combat Bribery
9 Fair Trade Norms
10 Trade Liberalization Norms
11 National Treatment Norms
12 Most Favoured Nation Treatment Norms
13 Intellectual Property Protection Norms
14 Investment Liberalization Norms
15 Fair and Equitable Treatment Norm
16 Expropriation and Compensation Norms
17 Security and Protection Norms
18 Dispute Settlement Norms
B Points of Disagreement
1 Applicable Law Norms
2 Prohibition of Interest Norm
3 Scope of Agreement
Conclusion
Chapter 4 The Impact of United States Bilateral Free Trade Agreements on Middle Eastern Domestic Laws: Theory and Practice
Introduction
I Intellectual Property Protection in the Post-TRIPS Era in the Middle East
A Bilateral Free Trade Agreements and International Protection of Intellectual Property
1 Phases of Protection of Intellectual Property in United States Trade Policy
a First Track/Unilateral Remedies
b Second Track/Multilateralism
c Third Track/Bilateralism
B Intellectual Property Chapter of US–Bahrain FTA Effects on Bahraini Intellectual Property Laws
1 Profile of Bahrain
2 Chapter 14 Effects on Bahrain Intellectual Property Laws and Regulations
a Trademark
b Copyright and Neighbouring Rights
c Patent
3 Enforcement of the US–Bahrain FTA
II The Environment
A The Environment – Trade Link in the Middle East
B Environmental Law in Oman
1 Environment in Oman
2 Enforcement of Environmental Law
C Analysis of the Environment Chapter of the US–Oman Free Trade Agreement
III Labour Protection
A Labour – Trade Link the Middle East (Labour Protection in Trade Agreements in the Middle East)
1 Labour Law in Jordan
2 Enforcement of Labour Law
3 Labour Protection in the Middle East
B Analysis of the Labour Chapter of the US–Jordan Free Trade Agreement
Conclusion
Conclusions
Bibliography
Appendix 1
US–Jordan Free Trade Agreement
Appendix 2
Intellectual Property – US–Bahrain FTA
Appendix 3
Labour – US–Peru TPA
