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).

GLOBAL CITIES & GLOBAL TRADE.

     The latest example of global cities bypassing central governments to conduct their own foreign policy and trade policy is the case of the City of London.      London is sending its own delegation to Brussels to negotiate directly with … Continue reading

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Reaction to Trump’s Policies & Rise of the New Federalism.

[From my Op-Ed in this Sunday’s RICHMOND TIMES-DISPATCH (June (June 18, 2017) ……………………………..]   A new aggressive and proactive federalism seems to be evolving in the United States. This newer federalism promotes global engagement and observation of international rules. This … Continue reading

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JUSTICE GORSUCH & INTERNATIONAL LAW — Not Clear.

  JUSTICE GORSUCH, INTERNATIONAL LAW AND U.S. LAW — Justice Gorsuch displayed a somewhat confused & restricted approach to international & foreign law during his Senate confirmation. There is a critical distinction between international law and foreign law. International law (both conventional and customary) are … Continue reading

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New US-China Trade Understanding — Not Much Substance. Better than Nothing?

       The new understanding between China and the US on trade is very welcomed. Even though it is very minor and a seeming betrayal of Trump’s campaign promises to the white working class.  Here are a few thoughts: The linkage between … Continue reading

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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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