Author Archives: Stuart Malawer

About Stuart Malawer

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

WTO Cases & the Trump Era — U.S. becoming more active?

Here’s a quick review of WTO litigation concerning the U.S. (as either a complainant or respondent) during Trump’s presidency so far.  The U.S. has been the respondent in 12 cases and the complainant in only 3 cases.  Countries that brought … Continue reading

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Trump and New WTO Litigation, Finally.

What passes as conventional knowledge and received wisdom in the Trump administration (better known as ‘Trump Think’ in Trumpland) concerning U.S.-China trade relations and the WTO (and particularly its dispute resolution system)? Simply put it is two-fold – China has … Continue reading

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Constitutional and International Legal Issues — Trump’s Foreign Policy.

The interrelationship of public international law and U.S. constitutional issues is of paramount concern today. However, it’s unfortunate that neither universities nor public policy communities have fully grasped this in connection with the Trump administration actions.   This is especially the … Continue reading

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    Newly completed article putting Trump’s trade remedy actions and perhaps foreign investment actions under rarely used national security, national emergency and foreign investment legislation. See ….. Malawer, TRUMP AND NATIONAL SECURITY (March 2018).

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§232 + Art. XXI = WTO Blowup?

       The reliance of the Trump administration on Section 232, the national security provision under the Trade Expansion Act of 1962, to impose trade restrictions on import of steel and aluminum, would certainly run into very serious WTO challenges.  This defense … Continue reading

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TRUMP AND TRADE — Waiting for the Other Shoe to Drop?

  Here’s some passages from my upcoming article in the China and WTO Review (Spring 2018) on Trump’s trade policies ……………… ………………………………………………………..      The recently concluded WTO Ministerial Conference in Buenos Aires, in December, achieved no significant accomplishments. During the conference, … Continue reading

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Trump’s Attack on the Trade System and Rules — Main Show About to Start?

Malawer, “One Year In — Trump’s Trade Legacy,” Richmond Times-Dispatch (January 7, 2018).     The following is an excerpt from my op-ed in this weekend’s Richmond-Times Dispatch ………….. U.S. leadership in developing newer rules for global trade and in litigating existing concrete … Continue reading

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