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).

Trump’s New Attack on the WTO ……….. Is Trump’s Trade Policy Becoming More Dysfunctional & Dangerous?

            On day 100 Trump signed an EO critical of the WTO. This follows 100 days of complaints. This is really unfortunate.      Trump’s recent trade complaints target China, Canada, Mexico, South Korea, Japan, the EU and now … Continue reading

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100 Days & Trump’s Trade Policies — Disarray, Dysfunctional but Not Much Damage, Yet.

     What can be said of Trump’s trade policies in the first 100 days? Here are some of my thoughts in outline form. Recent trade actions …………… Threatening withdrawal from both NAFTA and the WTO. Subsidy duties on Canadian softwood lumber (to … Continue reading

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President Trump returned to his attack on global trade — Is This a Good Trade Policy?

     After failing to declare China a currency manipulator this week President Trump returned to his attack on global trade.      Relying upon rarely utilized “national security” arguments and questioning the well-known restrictions on domestic content requirements and the principle … Continue reading

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Trump’s 100-Day Trade Plan — Really?

     What emerged from the Xi – Trump summit on the most crucial issue of trade wasn’t very much. Not even a real plan. Just a vague undertaking to review some trade issues.  So after all these weeks we now have a committee to conduct … Continue reading

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Trump & Trade — What Trade Policy?

Disarray in the Trump trade team has failed to produce disruptive trade policies that were promised. Indeed, Trump’s trade agenda is going down to defeat as did his attack on Obamacare and his Muslim travel ban. This disarray in trade reflects a broader disarray throughout the Trump … Continue reading

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U.S. Sovereignty and the WTO Dispute System — Misleading USTR Report? — Most Certainly.

           By omitting this language, “provided in the covered agreements,” the report suggests that nothing can be decided against the United States since the United States had never been committed to anything. Therefore, whatever was decided or may be decided … Continue reading

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TRUMP — SLOW ON TRADE — The Wait Should be Over Soon.

                                             The new administration has been slow on keeping specific campaign promise about trade policy. Nothing yet on China, no renegotiation on NAFTA, and no new WTO cases. Why?      Probably because the Senate hasn’t yet acted on the … Continue reading

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TRUMP, COURTS & NATIONAL SECURITY

‘Deference’ doesn’t mean ‘unreviewable’ even as to national security claims, Mr. President. Really very basic civics.  The lead editorial in today’s Wall Street Journal is wrong. S.Ct. cases, Youngstown and Boumediene, fully support the 9th Cir decision against Trump. This … Continue reading

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TRUMP & WTO — The Coming Litigation, Sooner than Later.

                      On President Trump’s first full workday at the White House he signed an executive memorandum requesting the United States Trade Representative to formally withdraw the United States from the Trans-Pacific Partnership and its negotiations. This was primarily a symbolic … Continue reading

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TRUMP TRADE POLICY — The Upcoming U.S. – China Trade Fight in the WTO ……

                                       China and U.S. litigation in the WTO will almost immediately be ground zero for the new Trump administration’s aggressive global trade policy. This is clearly evidenced by the appointment of his new trade team. These appointments include … Continue reading

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