Author Archives: Stuart Malawer

About Stuart Malawer

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

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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The New “Economic Patriotism” in U.S. Trade Policy.

Trump’s toxic trade policies are well and alive.  They are being furthered by Biden’s policies today, especially those now pushing industrial promotion in the name of national security and “economic patriotism.” The role of the Department of Commerce and CFIUS … Continue reading

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Foreign Investment in Virginia — Why the Low ranking?

The inaugural special report on foreign investment in the U.S. by the Financial Times has just been released. Ranks the top cities.  None are in Virginia. Six are in North Carolina. Seems to be a wakeup call for Virginia. The … Continue reading

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U.S. Trade Policy (Biden and Trump) — Harmful and Back to the Future?

Trump’s toxic trade policies are well and alive.  They are being furthered by Biden’s policies today, especially those now pushing industrial promotion in the name of national security and “economic patriotism.” The role of the Department of Commerce and CFIUS … Continue reading

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What is the Growing Role of States in U.S. Foreign Policy and Global Trade? — Federalism Really Important.

The role of states in U.S. foreign policy has often been overlooked generally and especially in international trade relations. A new article in Foreign Affairs discusses the role of states within today’s political reality. I’ve always believed this is an … Continue reading

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State Funding of International Trade for State Economic Development — Very Critical, Especially Now.

  This piece was published by me and John Milliken earlier this year. I thought it would be worthwhile to emphasize the continuing necessity to fund the international trade activities of the Commonwealth of Virginia. Being global is critical for doing … Continue reading

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Update on Virginia Trade — Doing Really Well — Need to be Global for a Thriving State Economy.

China is Virginia’s third largest export market and is largest importer into Virginia. Virginia’s agricultural exports have increased year-over-year. (Major export commodities — soybean, pork, poultry, peanuts and tobacco.) So, what can be said? You need to be global to … Continue reading

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Chinese Farm Purchases in U.S., U.S. Outward Investment Controls and U.S. Audits of Chinese Firms — Issues Obscured by Global Politics but Crucial.

     Three Important China Trade Issues, not well known. Obscured by global politics. But these are critical. (1) Chinese purchase of farmland under 1978 Agricultural Foreign Investment Disclosure Act. (2) Restricting outward investment to China. (3) Requiring audits of … Continue reading

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A New Globalization is Emerging — Now What?

        Historical challenges have recently arisen attacking “globalization.” These challenges to traditional U.S. trade policy come from the liberal, conservative, protectionist and national security communities in the U.S. This development has been supercharged by the global pandemic … Continue reading

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