1st Edition
International Trade with the Middle East and North Africa Legal, Commercial and Investment Perspectives
This book provides an interdisciplinary analysis of trade relations with the Middle East and Arab countries from the perspectives of law, business, policy and culture in the Middle East and the Arab world and their interaction with the wider world, particularly Western countries.
The rapidly evolving economy of the Middle East and the Arab region is undergoing significant change, and establishing modern foreign ownership law, robust company, business and investment regulations, modern legal professions while keeping its basic traditional and Islamic principles. This book covers a number of important theoretical and practical aspects of commercial and trade relationships and law. It examines case studies of trade and investment relations between Arab and Middle Eastern countries and Western Countries, such as Australia, UK and US, touching on such topics as corporation law, arbitration and foreign judgments, future mobility and disruptive technology law, financial services law, charity law, trusts and cultural law.
Exploring emerging trade and investment ties between Arab and Middle Eastern countries and Western countries, it will be of interest to students, academics and practitioners with an interest in international trade and investment law.
Part I: Emerging Geo Political Realities and Global Markets
1. Emerging Global Markets and Trade and Investment with the Middle East and the Arab World
Hossein Esmaeili and Vivienne Brand
2. Arab-Australian Trade and Investment in an Era of Challenges to the Liberal International Order
Susan L. Karamanian
Part II: International Trade and Financial Services and Investment
3. Entrenching the Hull Formula in Arab Domestic Laws: The Case of Egypt and the GCC Countries
Heba Sewilam and Yassin El Shazly
4. Creating New Markets through Financial and Legal Services: Australia and the Middle East
Andrew Godwin
5. The UAE Legal and Regulatory Landscape: A Perspective from Practice
Gary Watts and Marcus Wallman
Part III: Building Connections: Cultural and Education Factors
6. The Doctrine of Wasta (Network Relationship) in International Business (or Management) in the Arab World
Reem Alothmany
7. Educational Development of Arbitration in the Arab Region and Australia: The Willem C Vis International Arbitration Moot
Christopher Kee
Part IV: Corporate Insolvency
8. Sharing Australia’s Cross-border Insolvency Experiences Using the Model Law with the Arab World
Christopher Symes
9. The Interaction between Intellectual Property and Bankruptcy Legal Regimes in the GCC
Bashar Malkawi
Part V: Charities and Trusts: Cultural and Cross-Border Factors
10. Charities Law Systems in Australian, Islamic Law and the Arab World: Possible Future Cross Border Investment
Hossein Esmaeili
11. Nurturing Benevolence: Exploring Endowments (Waqf) in Islamic Jurisprudence and in Egyptian Law
Shams Al Din Al Hajjaji
Part VI: Technology and Defence
12. Bridging the Gap: Technology Licensing between Australia and the Middle East
Robert Chalmers
13. International Law Relating to Arms Trade: Australian Defence and Strategic Goods Export Regime and Arms Trade with the Middle East
Hossein Esmaeili and Lewis Lock-Weir
14. FinTech in MENA: Social, Political and Legal Dimensions
Andrew Dahdal
Part VII: Emerging issues: Sustainability Governance, Aged Care and Environmental Concerns
15. Sustainability in the Middle East: Directors’ Duties
Vivienne Brand and Andrew Dahdal
16. Olan Overview on Digital Health Transformation in the GCC and Associated Ethical and Regulatory Challenges
Angie Abdel Shafei and Ahmed Taher
17. Legal Duties and Disclosure Obligations for Directors of Fossil Fuel Corporations: A Comparative Analysis of Australia and Saudi Arabia
Judi Storer
Biography
Hossein Esmaeili is an Associate Professor of Law and Co-Ordinator of the Masters of International Relations and International Law at the Flinders University College of Business, Government and Law. He is an Australian academic with distinct national and international authority in international law (particularly on offshore energy and resources law) and comparative law, particularly Middle Eastern law. He has published extensively, including in leading international law journals in Australia, Europe and North America. The global impact of his scholarly work can be seen in its use by international and Australian institutions including universities, Australian Courts and Tribunals, United Nations agencies and the United States Congress, and national and international media.
Vivienne Brand, an Associate Professor, is a legal academic with a background in practice. She researches in corporate law and governance, whistleblowing, social licence to operate and foreign bribery. She has published widely on these topics and appeared by invitation before Federal parliamentary inquiries on whistleblowing and related topics. Vivienne is currently President of the Society of Corporate Law Scholars and a Deputy Chair of the Law Council of Australia's Corporations Committee. She leads Corporate Law teaching at Flinders and is a recipient of an Australian Award for University Teaching Citation. Vivienne is also an active board director in both the for-profit and for-purpose sectors.
Susan L. Karamanian is Dean of the College of Law at the Hamad Bin Khalifa University in Doha, Qatar. Before joining HBKU Law, she was Provost at the American University of Sharjah, Associate Dean for International and Comparative Legal Studies and Burnett Family Professorial Lecturer at the George Washington University Law School, and a Partner in Locke Lord LLP in Dallas. Susan is on the board of various institutions, including the American Society of International Law (ASIL), and is a member of the Council on Foreign Relations and a life fellow of the American Bar Foundation and the Texas Bar Foundation.
