Author Archives: Stuart Malawer

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About Stuart Malawer

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

Qatar-UAE in the WTO — National Security Defense — Scary Outcome for Everyone?

             At the request of Qatar, the WTO’s Dispute Settlement Body (DSB) agreed on November 22nd to establish a panel to examine trade sanctions imposed by the United Arab Emirates (UAE) on Qatar.    In another words the litigation process … Continue reading

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Ominous Signs — For China and Even More So for the WTO?

                                                    No new final trade actions by the Trump administration, but several ominous signs — for both China and the WTO as well as the trading system. The U.S. International Trade Commission is recommending escape clause action under … Continue reading

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America First, Trade Last? — 13 Obvious Observations.

                                   Here are 13 observations relevant to the current trade debate …… They indicate to me that Trump’s trade policies are already detrimental to the U.S. and does nothing to help us domestically or internationally. Only 1% of U.S. companies export … Continue reading

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Trump’s Asia Trip — Just More Complaints?

                                                                          Donald Trump just returned from his trip to Beijing and Vietnam (APEC). He was nice to China in Beijing, critical of China in Vietnam, and when home complained about the WTO again. What’s up? Very simply he is out to … Continue reading

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Trump’s War on the WTO — Part II — The Constitutionality of Withdrawal.

  My earlier post is at “Trump’s War on the WTO ….”   Here are some additional thoughts: Sidelining the dispute resolution system in the WTO is a sneaky means of killing the WTO’s effectiveness as an international institution.  By vitiating the WTO / … Continue reading

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Trump’s War on the WTO — Not Enough Wins? — Yes and More.

                                            What is the Trump war on the WTO and its dispute resolution system all about? Sour grapes for not getting 100% wins? Personal animosity by the new USTR because of his failures in private practice? … Continue reading

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Trump’s Dual Narrative — Promoting Foreign Policy and National Security Chaos?

                                            General Kelly during President Trump’s Speech at the U.N.      Trump’s combative speech to the United Nations continued his outrageous dual narrative. One, American sovereignty has been gravely eroded by its participation in multilateral institutions such as the U.N. … Continue reading

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U.S. Victory in the WTO in Boeing and State Subsidies — But What is its Impact on Litigation against China?

     Earlier this week the Appellate Body of the WTO reversed a panel report and found that seven Washington state tax measures did not amount to a prohibited subsidy to Boeing. The EU had alleged that the state tax measures were conditioned or … Continue reading

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Better for the U.S. to File the New China IPR Case in the WTO … More Legitimacy?

The USTR fired a direct shot at Beijing last week as it formally started a §301 investigation into China’s intellectual property practices and entry of US firms into China, particularly in joint ventures. The formal decision to open an investigation followed Trump’s … Continue reading

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US China Trade Action Delayed Again — What’s Up?

      President Trump is going to sign a memo tomorrow Monday delaying actually filing a §301 USTR case against China for violation of U.S. intellectual property rights. By the way he has also failed to follow through on … Continue reading

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