TRUMP 2.0 — Corrosive Trade Battles (Domestic Lobbying and Litigation) and General Disdain for International Law.

     It is clear that his Trump’s 2.0 trade policies will have an impact on domestic politics that will lead to crony capitalism and corrosive battles between competing interest groups — especially over formulating new tariffs and applying for special exemptions. This will be a gold mine for K Street lawyers and lobbyists. In addition, he has a crass intent to violate international law (trade and other principles). This reflects his disdain for domestic law. Which is being carried over to the international legal system — both concerning trade and non-trade issues. My conclusion — “Buckle Up.” But this coming chaos will pass and America and the global community will again survive and thrive.

 

“The global legal order rests on a kind of collective act of faith. For it to work, nations must trust that other nations will behave as if its principles matter. The system is not so unlike the dollar in this respect: It holds value only when — and only because — most of those who use it believe that it does. This is why Donald Trump’s re-election to the American presidency is such a threat to global peace and security. He is — as an elected official and as a person — committed to breaking principles, not maintaining them. He understands and appreciates the value of the dollar. The global legal order? Not so much.”  International Law and Trump.” New York Times (Nov. 22, 2024).

“As Mr. Trump dangles new and potentially more expensive tariffs, many companies are already angling to obtain relief. Lawyers and lobbyists in Washington say they are receiving an influx of requests from companies that want to hire their services, even before the full extent of the president-elect’s tariff plans becomes clear …. Mr. Trump has threatened to impose a 60 percent tariff or more on China, and tariffs of 10 percent to 20 percent on most other countries. He has also suggested targeting particular companies or industries …. While Mr. Trump has often promised to “drain the swamp” in Washington, some have argued that these trade rules did the opposite.” “Firm to Lobby Over his Tariffs.” New York Times (Nov. 22, 2024).

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About Stuart Malawer

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