Author Archives: Stuart Malawer

My new article on President Trump’s trade policies, delegation of authority and the federal courts. Please click this link ,,,,,,,,,,,,,,,,,,,,, Malawer, “Trump, Trade and Federal Courts.” China and WTO Review (Sept. 2019).

  My op-ed in the Richmond Times-Dispatch (June 17, 2019) ………….                               TRADE CASES AND TRUMP’S TARIFFS —                            Restricting Reliance on National Security?                                                By Stuart S. Malawer   I predict that three major federal court cases, … Continue reading →

    National Security & Trade: New U.S. and WTO Cases —  An Invitation to Even More Struggles for the Trump Administration   Stuart S. Malawer, J.D., Ph.D. Distinguished Service Professor of Law and International Trade at George Mason University (Schar … Continue reading →

      This article discusses American Institute for International Steel v. the United States, which is pending in the little-known United States Court of International Trade in New York. It involves an attempt to declare that the US legislation delegating authority … Continue reading →

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 →