Author Archives: Stuart Malawer

       ‘The Donald’ aka ‘The Trade Trickster’ disparages current trade agreements, ongoing trade negotiations, globalization, US trade policy, U.S foreign policy, and US national security policy. Hope this doesn’t reflect his education at the Wharton School which he constantly reminds us … Continue reading →

    The most recent data from CFIUS concerning Chinese investment in the U.S. discloses the following:   China had the most “covered transactions” (mergers and direct investments) for the latest data period (2014) that is reported by CFIUS in its … Continue reading →

     Yes, Presidential trade powers are very broad. But they are delegated powers by the Congress. They are limited by the U.S. Constitution Article 1, Section 8, Clause 3. This gives exclusive authority to the Congress to regulate global trade. What … Continue reading →

           — BACK TO THE FUTURE — Herbert Hoover & Trade Wars — No Doubt About it.     Trump aka “Trump the Trade Mister” poses a huge risk to U.S. trade and economic growth. He would have at his disposal … Continue reading →

                                         In the recent report of the Dispute Resolution Body of the WTO, in its annex entitled “Overview of the State of Play,” there is a chart listing cases brought under Article 22.2 of the Dispute Settlement Understanding. It … Continue reading →

  Op-Ed in the Richmond Times-Dispatch (Sunday) (January 31, 2016)   CARTER AND OBAMA    Malawer:        By Stuart S. Malawer, JD., Ph.D. Richmond Times-Dispatch     On Jan. 21, 1981, freed hostage David Roeder arrived at Rhein-Main U.S. Air Force … Continue reading →

2016 Iranian Hostage Exchange for $1.7b and President Carter’s 1980 Hostage Accords — Diplomatically & Legally Correct — Maybe, But are They Good Precedent Today?      The transfer of $1.7 billion dollars to Iran to secure the release of the Hostages this month coincided with … Continue reading →

          Now that the new Iranian – U.S. agreements are being implemented, that resulted in the freeing of US hostages by Iran as well as settlement of various financial issues, it is instructive to look back at the President Carter’s Iranian Hostage Accords of … Continue reading →

                                     Legal proceedings continue to be a critical aspect of global trade relations. The Supreme Court, NAFTA panels, and WTO dispute resolution system have all seen new activity the first few weeks of the new year. … Continue reading →

      The U.S. brought two cases against China in the WTO in 2015. One involves China’s VAT tax and its exclusion of domestically-produced aircraft and the other export subsidies for goods produced in special zones. China brought no cases against … Continue reading →