Expanding Nature of Global Trade …. What are the Newer Issues?

                Global Trade

     The last few weeks have seen a broad range of issues arise relating to global trade. They seem to clearly demonstrate the broadening definition of trade as trade encompasses more-and-more subject areas. They have included, among others, digitalization, tax avoidance, states authority in foreign affairs, climate control, investor arbitration, state trade missions, import labeling as a sanction, and individual liability for foreign corruption. Here are some specifics: 

Digitalization has resulted in democratizing trade — Small firms now doing global business. “Digitalization and Small Firms.”  Wall Street Journal (Nov. 26, 2015).

… Is Global Tax the New Driver for Global Commerce? Do You Really have to Ask?  Malawer, Blog (Nov. 25, 2015).

… It’s way beyond time for Congress to rein in tax avoidance by US multinationals.Pfizer and Tax Avoidance.” New York Times (Nov. 24, 2015).

States don’t have authority to keep out refugees. Federal & foreign affairs power. “Virginia and Migrants.” Richmond Times-Dispatch (Nov. 20, 2015).

… In the climate talks Obama will have to decide to conclude a treaty or executive agreement. “High Pressure in Paris Climate Conference.”  Financial Times (Nov. 12, 2015).

… The Investor-State Dispute Settlement (ISDS) should not be a reason to reject TPP. The U.S. is a party to 50 agreements with this already and 3,000 other agreements with ISDS exist among 180 countries. “Editorial — TPP.” Washington Post (Nov. 12,2015).

“State Trade Missions — Public or Private?”. Malawer, Blog (LinkedIn (Nov. 14, 2015)

…  The WTO doesn’t recognize labeling requirements by the EU as to ‘occupied territories’ and they are considered as discriminatory trade actions unless justified for national security under Art. XXI. Not here.  The same can be said for the boycott, disinvestment and sanctions actions ((BDS). “Editorial — EU and Israel. New York Times (Nov. 13, 2015).

Draft USDOJ proposal to get firms to admit foreign bribery. Better idea. Make individual prosecutions more certain. “USDOJ and FCPA Draft Policy.” Washington Post (Nov. 11, 2015).

About Stuart Malawer

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