Author Archives: Stuart Malawer

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About Stuart Malawer

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

CHINA WINS ONE BIG CASE (‘Security Exception’ and §232 Tariffs) — FILES NEW BIG CASE (Export Controls and Chip Sanctions)

    The WTO dispute Settlement system has jumped back into the news. Big time.  Now becoming the epic center of U.S. – China trade issues. Raising the legal issue of national security and trade restrictions. China has won its … Continue reading

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New Article — Malawer, “U.S. – China Trade Relations — Worrisome Legislative Developments.”

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 … Continue reading

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Two New Trade Reports — Workers and Trade — Guess Who Needs More Prorection?

     Two recent and really significant government reports have been released (around the time of the U.S. midterm elections) concerning U.S. trade policy focusing on U.S. workers and China.   The first by the U.S. International Trade Commission (October 2022) … Continue reading

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TRUMP’S TRADE & TARIFF POLICIES — China Decoupling? Perhaps, a Bit.

       After four years of Trump’s trade wars here are three observations concerning tariffs on Chinese imports: some Chinese imports are surging; Chinese imports hit with 25% tariffs have struggled; imports of semi-conductors from China have cratered. Bottom … Continue reading

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Does the End of Globalization and Neoliberalism Mean Protectionism?

          A good article appeared recently in Foreign Affairs arguing that global trade is now being changed by the end of globalization and the end of neoliberalism. I seem to agree with most of the arguments. But … Continue reading

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Rethinking Trade Policy — Neoliberalism’s Shortcomings and Rethinking Globalization..

      Another recent article lambasting the impact of neoliberalism on globalization and the critical need to rethink trade policy. I agree with most of the points made in the recent article in the New York Times. We have … Continue reading

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Is Nationalism Perverting Globalization? Yes. But in a Good Way.

    Global trade relations are changing today. The rise of nationalism, more focus on national interest, and national security has redirected globalization from a stringent focus on economic efficiency to local concerns and domestic welfare. To me this is … Continue reading

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Is Geopolitics Changing Trade Policy Today? — Yes, Absolutely (More from Business to National Interest Concerns).

        Excellent piece in this morning’s Financia Times discussing trade policy and geopolitics, neoliberal globalism and global inequality, and global trade and peace. Here are some excerpts also discussing the WTO, China, and worker-based trade policies. I’m … Continue reading

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End OPEC Antitrust Immunity under the Foreign Sovereign Immunities Act? — Yes, Absolutely.

Antitrust immunity for OPEC and its members has been upheld under old case law for decades. This is very unfortunate. There is no reason that such immunity ought to be extended to OPEC members in this century. Especially, when those … Continue reading

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Are Export Controls the New Foreign Policy? Indeed, Are National Security Concerns Now Central to U.S. Trade Policy?

Good opinion piece by Thomas Friedman argues we are now taking on China and Russia and export controls is the critical instrument the U.S. is utilizing.  And this new American foreign policy and national security strategy is focusing on semiconductor … Continue reading

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