Author Archives: Stuart Malawer

About Stuart Malawer

Distinguished Service Professor of Law & International Trade at George Mason University (Schoolof Public Policy).

Need to Get Trade Policy and Process Right …. Time is Running Out.

       The New York Times today in a lengthy editorial  criticizes the administration’s trade negotiations — both substance and process. It’s both correct and not so correct. Here’s my take. ….. Agree. The process is overly secretive. It’s reliance … Continue reading

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Russian Trade Sanctions and WTO Law — Now It’s Really Getting Interesting.

Do U.S. trade sanctions imposed on Russia because of its annexation  Crimea violate WTO law? The general question of trade sanctions for foreign policy or national security concerns and WTO law has never been litigated by the WTO. Are such sanctions … Continue reading

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Global Trade & Geopolitics Today — China, Cyberespionage, Sanctions, Bribery ……. Trade is More than Trade.

           Huge issues concerning global trade policy have emerged the last few weeks. They range from new economic sanctions, inequality and trade agreements,  foreign investment treaties, global bribery, new WTO panel decisions against China, multinational taxation, and cyberespionage for commercial … Continue reading

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Victims of Terrorism — Do They Deserve a Day in a U.S. Court? Of Course.

           Linde v. Arab Bank, a pending S. Ct. case,  is a multibillion dollar case. It’s an intricate one  involving terrorism, claims on behalf of terrorist victims, bank secrecy laws, tax evasion, foreign policy, diplomacy, and the role of the Executive branch … Continue reading

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Multinationals & Global Taxation — Avoidance or Evasion? — Let’s Get Real.

     Taxation and trade are intricately related. More effective taxation of cross-border transactions of multinational corporations is necessary to ensure growth of global trade and national economic  development.     The recent Congressional hearings concerning Caterpillar and its Swiss subsidiary, once again, raises this issue of … Continue reading

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Global Economic Sanctions — Many of Them by Many Players — But How Effective?

       In the last 13 years since 9/11 sanctions for domestic political and foreign policy reasons have exploded worldwide.      They include financial sanctions, trade and investment restrictions, sanctions on travel, arms embargos, commodity restrictions, financial controls and disclosures, diplomatic sanctions, sanctions … Continue reading

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Foreign Corruption — More Aggressive U.S. Prosecutions? Yes, They are Needed.

      The U.S. Dept. of Justice should be more aggressive in prosecuting firms for bribing foreign officials.       Bribery is illegal under U.S. and foreign law. It’s unethical and counter-productive for economic and political development. Forget the U.S. Chamber of … Continue reading

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National Interest, International Relations and International Law — Is Power Politics Dead in this Era of Globalization?

          The simple answer is that power politics is not dead in this new era of globalization.       Yes, we have new rules for inter-state relations brought about by globalization.  But calculations of national interests in foreign policy decision-making is … Continue reading

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Two New U.S. – China WTO Decisions — Who is the Biggest Winner?

               This week two WTO panels  decided the first two cases involving China – U.S. litigation in 2014. These were two major cases.      The first case was brought by the United States involving China’s export restriction on rare earths. The second case was … Continue reading

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