Monthly Archives: March 2012

Emerging Issues in International Trade — Recent Conference — Foreign Investment and Cybersecurity.

Posted on March 30, 2012 by Stuart Malawer

I gave the keynote address last week at the College of William and Mary Law School’s conference on emerging issues in international trade.  The presentation was on the WTO dispute resolution system and U.S. – China litigation 2001-2012. It is … Continue reading →

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“WTO / DSU & U.S. Trade Enforcement — U.S. – China Trade Disputes — More Aggressive Enforcement.”

Posted on March 29, 2012 by Stuart Malawer

I gave the keynote address last week at the College of William and Mary Law School’s conference on emerging issues in international trade.  The presentation was on the WTO dispute resolution system and U.S. – China litigation 2001-2012. It is … Continue reading →

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U.S. – China Trade Friction and Recent U.S. Actions … What’s the Assessment?

Posted on March 26, 2012 by Stuart Malawer

China is warning of increased trade tension during this Presidential election season. It is now considering reciprocal trade actions to combat a string of recent U.S. actions it considers more aggressive and targeted against China. China points to the following four items: … Continue reading →

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Obama, Bush & China Litigation in the WTO — Increased Focus & Frequency.

Posted on March 21, 2012 by Stuart Malawer

The following are two interesting charts comparing the Bush and Obama administrations in bringing cases against China in the WTO. They indicate the increased rate and focus of the Obama administration in filing such cases. There is also one chart … Continue reading →

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New WTO Case on China Export Restrictions (Rare Earth Minerals), New Legislation and ITA Action — WTO and Trade Focus of U.S. on China.

Posted on March 16, 2012 by Stuart Malawer

The U.S. along with Japan and the EU filed disputes against China concerning China’s export restrictions on various rare earths and other minerals. This case follows a recent AB decision in January 2012 against China’s export restrictions on nine raw minerals. The … Continue reading →

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The Boeing Decision — Sub-National and Defense Measures Violate Global Trade Rules.

Posted on March 16, 2012 by Stuart Malawer

The WTO Appellate Body upheld some claims of the EU against the U.S. concerning subsidies to Boeing. The USTR claimed this as a victory because of the smaller amount of subsidies found when compared to those found by the WTO … Continue reading →

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U.S. Commerce Under Secretary Calls for More Trade with Brazil and Indonesia and More Trade Enforcement.

Posted on March 8, 2012 by Stuart Malawer

Francisco Sanchez, the U.S. Commerce Under Secretary for International Trade, called for more trade with Brazil and Indonesia. Among other topics he discussed was greater trade enforcement by the Obama administration. However, it’s interesting to note that his office does not self-initiate actions. … Continue reading →

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New WTO Case by U.S. Against India — More Aggressive U.S. Trade Enforcement Policy.

Posted on March 7, 2012 by Stuart Malawer

    The U.S. filed a new WTO dispute against India concerning its agricultural restrictions (poultry imports). This is the fifth time the U.S. has brought a WTO action against India and the first time for the Obama administration. This is a … Continue reading →

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Multinational Corporate Responsibility and the Alien Tort Statute — Overseas Torture & U.S. Courts.

Posted on March 4, 2012 by Stuart Malawer

Under the Alien Tort Statute should foreign plaintiffs be allowed to sue foreign corporations in American courts for torture when that action is done abroad in cooperation with a foreign government? Should the multinationals, unlike private individuals, be allowed to … Continue reading →

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Trade News and Updates — Corp. Responsibility, Antidumping, Corruption, China Litigation, Price-Fixing, EU Carbon Tax, ITEC.

Posted on March 1, 2012 by Stuart Malawer

Corporate Responsibility for Violating International Human Rights Law — Pending S.Ct. Case. The Supreme Court recently heard oral arguments involving corporate responsibility of a foreign corporation (Royal Dutch Shell) under the Alien Tort Statute for cooperating with foreign government (Nigeria) … Continue reading →

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