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).

Taxing Multinationals — What Taxes? What Disclosure? — Are you Kidding!

                Anger over tax havens and taxing multinationals have moved from the margins to mainstream. They are red hot issue in the U.S. presidential campaign and abroad.     This anger show signs of growing  almost daily with the newest disclosure and corporate scheme … Continue reading

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U.S. Presidential Campaign’s Top Issues — Jobs, Trade and Globalization — Getting Real.

       The political polarization of trade this campaign season is an historical first. It’s clear that globalization has gone out of fashion. There is a real backlash against free trade. To me there is a real need to show … Continue reading

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Trade Begets More Trade …. Yes, But More is Needed.

       Fred Smith, CEO of FedEx, in an outstanding piece in today’s Wall Street Journal gives a ringing repudiation of  today’s trade critics. He reviews the history of world trade and global commerce from the Great Depression to today’s … Continue reading

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China & U.S. Jobs — Some Facts — And Trump.

                                                   Three really important facts concerning trade surplus, direct investment and exports were discussed by the Financial Times yesterday.   They relate directly to  the hotly debated topic of  U.S. –  China trade relations and jobs.  Any lessons here for Donald Trump? The U.S. has not had … Continue reading

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TRUMP, TRADE & FOREIGN POLICY — Free Fact Zone (FFZ).

       ‘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

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National Security & Chinese Investment

    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

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Protectionism & Presidential Powers — Are Trade Powers Limited?

     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

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Trump & Trade Wars — No Doubt About it.

           — 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

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Non-Compliance & Retaliation in the WTO — What’s the Data? — Any Surprises?

                                         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

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Is the Iranian hostage agreement good diplomacy and law?

  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

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