Abstract — As the Biden administration succeeded President Trump’s chaotic and undisciplined trade and investment policies toward China, the last six months of 2022 have seen the most significant development in U.S. trade law and economic policy toward China. These legislative and regulatory developments bring into sharper focus a broader and more aggressive U.S. legal and regulatory structure fostering industrial policy and confronting China. This change is worrisome. The legislative and regulatory measures emanating from the U.S. in the last half of 2022 are not helpful. They represent a worrisome development, not merely a continuation and extension of Trump’s trade and tariff policies focusing on national security and global politics. They are by far more aggressive, with significant domestic and global implications. They portend a new emerging post-WTO order.

Malawer, “U.S. – China Trade Relations — New U.S. Legislation — Worrisome? (posted to SSRN 12.1.22)