Author Archives: Stuart Malawer

To me the US – China trade dispute is not really that much about trade, tariffs or technology. What I would call T3.   It’s about changing the rules of the game, global relations. In particular, it’s about President Trump’s … Continue reading →

      The U.S. Department of Justice (National Security Division) has now been enlisted by the Trump administration into its expanding trade war with China. This marks a significant escalation of legal and economic weapons used by the United States.   … Continue reading →

U.S.–China trade relations are the most important bilateral trade relations today. The conflict between these countries has already progressed to a trade war. What is not well known is how this conflict is playing out in the WTO’s dispute resolution system. … Continue reading →

President Trump is aggressively terminating treaties. The U.S. Constitution establishes procedures for treaty making but says nothing about treaty termination. This treaty-making power is shared with the Senate. Little case law addresses the issue of treaty termination, which raises significant … Continue reading →

         What’s the deal with John Bolton blasting the International Criminal Court on the eve of 9/11 celebrations this week?      He needs to get over his paranoia of international courts, international rules and multilateral institutions. These have developed … Continue reading →

       These are a few recent articles of mine appearing in a leading international journal published in Korea focusing on China, trade and the WTO.   Malawer, “Trump’s China Trade Policies: Threats and Constraints.” 3 China and WTO Review 109 (No. … Continue reading →

            Some of my articles (commentary) printed in the New York Law Journal (2011-2018).   Malawer, “Trump, Trade and National Security.” New York Law Journal (March 26, 2018).   Malawer, “Looking at the Trans-Pacific Partnership.” New York Law Journal (December … Continue reading →