Author Archives: Stuart Malawer

  Trump’s Immigration Policy of Separation of Children from Parents and International Law —- Illegal?      Lot of international law recognizing rights of children have developed since German actions during World War Two and Japanese Internment by U.S. during the … Continue reading →

     Why is it that Qatar recently filed legal actions in both the World Trade Organization and the International Court of Justice to enforce its international legal rights (against the UAE blockade) and the Trump administration has filed no cases, whatsoever, … Continue reading →

Here’s a quick review of WTO litigation concerning the U.S. (as either a complainant or respondent) during Trump’s presidency so far.  The U.S. has been the respondent in 12 cases and the complainant in only 3 cases.  Countries that brought … Continue reading →

What passes as conventional knowledge and received wisdom in the Trump administration (better known as ‘Trump Think’ in Trumpland) concerning U.S.-China trade relations and the WTO (and particularly its dispute resolution system)? Simply put it is two-fold – China has … Continue reading →

The interrelationship of public international law and U.S. constitutional issues is of paramount concern today. However, it’s unfortunate that neither universities nor public policy communities have fully grasped this in connection with the Trump administration actions.   This is especially the … Continue reading →

    Newly completed article putting Trump’s trade remedy actions and perhaps foreign investment actions under rarely used national security, national emergency and foreign investment legislation. See ….. Malawer, TRUMP AND NATIONAL SECURITY (March 2018).

       The reliance of the Trump administration on Section 232, the national security provision under the Trade Expansion Act of 1962, to impose trade restrictions on import of steel and aluminum, would certainly run into very serious WTO challenges.  This defense … Continue reading →

Malawer, “One Year In — Trump’s Trade Legacy,” Richmond Times-Dispatch (January 7, 2018).     The following is an excerpt from my op-ed in this weekend’s Richmond-Times Dispatch ………….. U.S. leadership in developing newer rules for global trade and in litigating existing concrete … Continue reading →

              It’s been almost one year since President Trump took office. He came to office riding a tide of anti-trade rhetoric. One of the most protectionist candidates ever to have won election. Clearly trade was a major issue. Which … Continue reading →