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United States Bilateral Free Trade Agreements: Consistencies or Conflicts with Norms in the Middle East? by Mohamed R. Hassanien

United States Bilateral Free Trade Agreements: Consistencies or Conflicts with Norms in the Middle East?

By Mohamed R. Hassanien
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Overview

Trade between the United States and the eighteen countries of the Middle East and North Africa continues to grow at a steady pace, particularly with those countries that have signed free trade agreements with the US. This insightful and timely book examines US bilateral free trade agreements with a cross section of Middle Eastern countries. Economists discuss this topic generally, but few published works focus on the consistency of US bilateral free trade agreements with the relevant legal norms in the Middle East, other regional agreements and the multilateral trading system. Four central questions are at the heart of this book’s illuminating analysis:

  1. Are US bilateral free trade agreements consistent with international legal norms?
  2. Are these agreements consistent with Middle Eastern norms on regional integration?
  3. Are the agreements consistent with Islamic norms on trade liberalization?
  4. Are the agreements consistent with local norms on intellectual property, environmental protection and labour standards.

Last Updated 07/30/2010
Product Line Kluwer Law International
ISBN 9789041132819
SKU 10059607-0001
Table of Contents

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

Volumes