International Journal of Law and Information Technology Advance Access originally published online on August 21, 2006
International Journal of Law and Information Technology 2007 15(2):153-169; doi:10.1093/ijlit/eal017
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E-Commerce in Light of International Trade Agreements: The WTO and the United States-Jordan Free Trade Agreement
* Bashar H. Malkawi is Assistant Professor of International Trade Law at the Hashemite University. He holds S.J.D in International Trade Law from American University, Washington College of Law and LL.M in International Trade Law from the University of Arizona.
Correspondence: Bashar H. Malkawi, Accounting and Commercial Law Program, Faculty of Economics and Administrative Sciences, Hashemite University, Zarqa 13115, Jordan. Phone Number: 962 (5) 390-3333 Ext. 5038. E-mail: bmalkawi{at}hu.edu.jo.
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Abstract |
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E-commerce offers economy-wide benefits. World Trade Organization (WTO) members recognized the benefits e-commerce offers and have developed a work program to facilitate the development of e-commerce. However, WTO efforts to facilitate e-commerce have stalled, leading to a slower than anticipated progress. As fundamental differences continue to stall progress in the WTO’s program on e-commerce, the United States concluded a free trade agreement with Jordan. This agreement was the first ever to incorporate explicit provisions on e-commerce. This article analyzes how existing trade agreements have dealt with e-commerce. The article gives an overview of the situation in WTO. The article then examines the e-commerce provisions in the United States-Jordan Free Trade Agreement (US-JO FTA) and how the parties have tackled the obstacles that stalled the WTO work on e-commerce. It concludes that the US-JO FTA approach regarding e-commerce did not move beyond what the WTO has already done. It is argued that although there are specific provisions dealing with e-commerce in the FTA, the parties left many loopholes to be filled.