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Author Archives: Stuart Malawer
Can Ukranians Seek Justice in U.S. Courts? …. Yes.
War Crimes — Any remedies for Ukrainians in U.S. courts? Can they sue in federal courts for compensation? Really interesting questions. Not discussed very much if at all. Such litigation raises a host of complex issues of sovereign immunity, human … Continue reading
The U.S. Should Finally Accept the International Criminal Court — Long Overdue, Especially Now After Ukraine.
Really good piece in the Washington Post arguing for the U.S. to finally accept the International Criminal. Here are some highlights. The United States in general, not just the Republican Party, has long had a fraught relationship with the ICC. … Continue reading
Ukrainian Sanctions — Is Global Commerce Changed Forever?
The question of the day is — Do the historical use of trade sanctions by the U.S. portend a new world for global commerce? The answer is not clear. A new article in the New York Times … Continue reading
International Law and Russia’s Invasion of Ukraine — Legal Action (ICJ and ICC) and Economic Sanctions — Complementary and Historical.
Russia’s invasion of Ukraine has been met with historical challenges to it in the International Court of Justice and the International Criminal Court (and in the General Assembly). Ukraine filed and action in the International Court of Justice and … Continue reading
Biden’s Trade Policies — One Year In — Same as Trump’s? More Aggressive?
[Excerpts from a forthcoming article, now on SSRN at https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3991157 Also available as draft at Click Here. …………… The big question is the following: Is the Biden trade policy different from the Trump chaos? My answer is “no.” I … Continue reading
Josh Hawley, Harding and Hoover — Trade & Back to the Future — Not a Good Idea.
Recent opinion piece by Josh Hawley. My take. He’s one of the most protectionist and trade xenophobic today. He make former U.S. presidents Harding and Hoover look mighty good. Here are some of his views as contained in today’s New … Continue reading
The U.S. Strategy as to U.S. – China Trade Relations — Is Biden Same as Trump But without the Tweets? We’ll See.
The United States Trade Representative Katherine Tai recently delivered remarks at the Center for Strategic and International Studies (CSIS) outlining the Biden-Harris Administration’s new approach to the U.S.-China bilateral trade relationship. Not clear how different Biden’s trade policy is from Trump’s … Continue reading
First 6 Months of Biden’s Trade Policy — Concerning.
The Biden administration’s early policies toward China, global trade, and the WTO have proven to be attuned to the newer developments of the times. In practice, however, these policies are a bit concerning. There has been no … Continue reading
GLOBAL TAXATION AND TRADE — G-7 TAKES 1ST STEP CONFRONTING GLOBAL CORPORATE TAX EVASION.
The G-7 has taken the first step in restructuring the global tax regime. This is the first international effort in decades. This has huge implications for global commerce (especially tech firms). Taxation of global groups & transactions is complex. Global … Continue reading

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