Author Archives: Stuart Malawer

About Stuart Malawer

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

Trade & Investment Disputes Under TPP — State & Private Claims — Differencies & Benefits?

                              First, a quick review of some salient aspects of Chapter 28 (Dispute Settlement) and Chapter 9 (Investment) of the TPP.  The Dispute Settlement procedures between states for trade disputes (Chapter 28) is separate from the Investor-State dispute settlement (ISDS) mechanism (Chapter … Continue reading

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Major Developments — TPP, Tax, Cyber, Investment — Changes Continue to the Trade Landscape — New Litigation Rules.

                            The biggest development the last three weeks or so in global trade relations was the start of the battle by the Obama administration to get TPP through Congress. This proposed agreement includes new rules for dispute resolution … Continue reading

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Major Development — Tax, Cyber, Data, Sanctions, Sovereign Immunity — Major Debates Ahead?

     The last four weeks have seen major developments in the legal, commerce and geopolitical aspects of global trade. They include new sweeping proposals from the OECD concerning international taxation, EU’s overruling of the US – EU Data Transfer Agreement, the … Continue reading

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Three Recent Trade Developments — Currencies, Antitrust and Sanctions — Overlooked Observations.

                                                 The following three developments over the last few weeks are particularly interesting. One, currency devaluations may not actually help exports. Two, various countries are now applying antitrust rules to global technology firms (Google). Three, lifting Iranian trade sanctions pose a … Continue reading

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Law, International Transactions & Federal Courts — Forex, Trade Sanctions, Corruption (FCPA) & Alien Torts.

                                                          This summer has not proven to be dull in international legal cases from the federal courts impacting international transactions and issues concerning China, Cuba, Iran and others. These cases and issues involve, among others, foreign corruption (FCPA), foreign antitrust … Continue reading

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Trade Developments on the Federal & State Levels — Growing Criticism, But Some Success.

                                                                     Major developments in global trade last month, on the federal level, include the enactment of the ‘Fast Track’ legislation and trade adjustment assistance. On the state level, state incentives for economic development focusing on export promotion and foreign … Continue reading

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Does U.S. Law Bring Order to Global Commerce? Yes, in Many Cases.

                                          Trade and international legal developments concerning corruption, price-fixing conspiracies, the TPP debate, international accounting and tax rules continue to illustrate the importance of global trade and U.S. law over the last few weeks. Most interesting is  the application … Continue reading

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