Monthly Archives: September 2011

Two Questionable Trade Proposals …. “Buy American” & Currency / Subsidy Determinations.

Posted on September 30, 2011 by Stuart Malawer

The “Buy American” provision in President Obama’s “American Jobs Act” is viewed by some as an “anti-stimulus trade provision” similar to that in the earlier 2009 stimulus legislation. This may very well be illegal under WTO rules. Remember the uproar … Continue reading →

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Update on U.S. – China Litigation in the WTO — What’s the Verdict?

Posted on September 28, 2011 by Stuart Malawer

Two instructive quotes concerning the WTO dispute resolution system and the role of China in observing the rules of global trade can be found in the Financial Times earlier this year. “[The WTO is] the greatest advance in multilateralism …. … Continue reading →

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The Fight over International Taxation of Multinational Corporations is Just Starting.

Posted on September 26, 2011 by Stuart Malawer

The I.R.S. is increasingly targeting cross-border bank transactions worth billions of dollars. The I.R.S. has increasingly denied foreign tax credits to U.S. multinational firms. These developments need to be assessed within the context of the global financial crisis of 2008, … Continue reading →

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New U.S. – China Trade Litigation in the WTO — Active Trade Litigation Continues.

Posted on September 22, 2011 by Stuart Malawer

Yesterday the Obama administration filed yet another action against China in the WTO dispute resolution system.  This complaint involves China’s antidumping and countervailing duties on the import of poultry from the U.S. This filing continues the aggressive enforcement actions first initiated during … Continue reading →

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International Investment — Federal and State Action Required to Create Jobs.

Posted on September 22, 2011 by Stuart Malawer

The authors of a new Council of Foreign Relations study on U.S. trade and investment policy states, “(T)he U.S. must, for the first time in its history, take serious measures to attract international investment …. (F)ederal, not just state-led, efforts to … Continue reading →

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Foreign Investment, State Economic Development and Removing Disincentives — Very Necessary.

Posted on September 22, 2011 by Stuart Malawer

  States need to follow an aggressive economic development policy focusing on attracting Foreign Direct Investment (FDI). States ought to assess their business and regulatory environments to ensure equal treatment for foreign corporations. The federal government ought to remove unnecessary … Continue reading →

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Trade Policy Under the U.S. Constitution — Is Congressional Supremacy Still Justifiable?

Posted on September 22, 2011 by Stuart Malawer

     Trade policy today is central to foreign policy. It is also crucial to domestic policy. The U.S. Constitution gave the job of regulating trade exclusively to Congress under Article 1, Section 8, Clause 3. But this was late in … Continue reading →

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Trade Policy is Now Foreign Policy — Historical Growth in Importance.

Posted on September 22, 2011 by Stuart Malawer

Stuart S. Malawer — U.S. NATIONAL SECURITY LAW (2009) Trade policy today is central to foreign policy. It is also crucial to domestic policy. The U.S. Constitution gave the job of regulating trade exclusively to Congress under Article 1, Section … Continue reading →

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Trade Linked to Investment by China — The New High Politics?

Posted on September 22, 2011 by Stuart Malawer

       China has recently linked investment into the EU to help solve its debt crisis, to trade demands. In particular, China wants the EU to reclassify China as a “market economy” for purposes of trade remedy litigation under the rules of … Continue reading →

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Multinational Tax Proposals — From Global to Territorial?

Posted on September 22, 2011 by Stuart Malawer

The need to reform the global taxation of U.S. multinationals corporations by the I.R.S. is obvious. The need to repatriate overseas earnings and put them to use in the U.S. to create jobs is long overdue. Most trading countries have a … Continue reading →

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