Author Archives: Stuart Malawer

About Stuart Malawer

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

U.S. Sovereignty and the WTO Dispute System — Misleading USTR Report? — Most Certainly.

           By omitting this language, “provided in the covered agreements,” the report suggests that nothing can be decided against the United States since the United States had never been committed to anything. Therefore, whatever was decided or may be decided … Continue reading

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TRUMP — SLOW ON TRADE — The Wait Should be Over Soon.

                                             The new administration has been slow on keeping specific campaign promise about trade policy. Nothing yet on China, no renegotiation on NAFTA, and no new WTO cases. Why?      Probably because the Senate hasn’t yet acted on the … Continue reading

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‘Deference’ doesn’t mean ‘unreviewable’ even as to national security claims, Mr. President. Really very basic civics.  The lead editorial in today’s Wall Street Journal is wrong. S.Ct. cases, Youngstown and Boumediene, fully support the 9th Cir decision against Trump. This … Continue reading

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TRUMP & WTO — The Coming Litigation, Sooner than Later.

                      On President Trump’s first full workday at the White House he signed an executive memorandum requesting the United States Trade Representative to formally withdraw the United States from the Trans-Pacific Partnership and its negotiations. This was primarily a symbolic … Continue reading

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TRUMP TRADE POLICY — The Upcoming U.S. – China Trade Fight in the WTO ……

                                       China and U.S. litigation in the WTO will almost immediately be ground zero for the new Trump administration’s aggressive global trade policy. This is clearly evidenced by the appointment of his new trade team. These appointments include … Continue reading

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TRUMP & TRADE — Does his business background lead to bad trade policy?

           Trade is about the only international issue Trump has really cared about consistently since his Japan bashing of the 1980s. His business school background at Wharton and then his experience running the Trump Organization have informed his view of trade … Continue reading

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     Trump threatens a great upheaval in foreign policy and global trade relations. Especially in U.S. trade relations with China. But is it somewhat consistent with the Obama’s tough enforcement policy against China in the WTO’s dispute resolution system.    Over … Continue reading

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