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).

Update on WTO China Litigation in the WTO — 2015 — Few Cases.

Posted on January 5, 2016 by Stuart Malawer

      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 →

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Compensation for Hostages, Finally — Iranian Hostage Accords Were a Legal Mistake.

Posted on December 25, 2015 by Stuart Malawer

   Finally, the Congress and President enacted legislation that will eventually compensate the U.S. diplomatic and military personnel held hostage for 444 days in Teheran in 1979. This has now  ended a disgraceful period of American diplomatic history. It evidences the … Continue reading →

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Historical Trade Develpments at End of the Year 2015.

Posted on December 18, 2015 by Stuart Malawer

                                Various historical and semi-historical trade developments have emerged in a geopolitical context recently. They include among other, US oil export ban, new ITA tariff reductions, the Paris Climate Agreement, Cuban-US compensation discussions, global tax and global corruption. Here are … Continue reading →

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Expanding Nature of Global Trade …. What are the Newer Issues?

Posted on December 2, 2015 by Stuart Malawer

                     The last few weeks have seen a broad range of issues arise relating to global trade. They seem to clearly demonstrate the broadening definition of trade as trade encompasses more-and-more subject areas. They have included, among others, digitalization, tax … Continue reading →

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Trade & Investment Disputes Under TPP — State & Private Claims — Differencies & Benefits?

Posted on November 11, 2015 by Stuart Malawer

                              First, a quick review of some salient aspects of Chapter 28 (Dispute Settlement) and Chapter 9 (Investment) of the TPP.  The Dispute Settlement procedures between states for trade disputes (Chapter 28) is separate from the Investor-State dispute settlement (ISDS) mechanism (Chapter … Continue reading →

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Major Developments — TPP, Tax, Cyber, Investment — Changes Continue to the Trade Landscape — New Litigation Rules.

Posted on November 8, 2015 by Stuart Malawer

                            The biggest development the last three weeks or so in global trade relations was the start of the battle by the Obama administration to get TPP through Congress. This proposed agreement includes new rules for dispute resolution … Continue reading →

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Major Development — Tax, Cyber, Data, Sanctions, Sovereign Immunity — Major Debates Ahead?

Posted on October 11, 2015 by Stuart Malawer

     The last four weeks have seen major developments in the legal, commerce and geopolitical aspects of global trade. They include new sweeping proposals from the OECD concerning international taxation, EU’s overruling of the US – EU Data Transfer Agreement, the … Continue reading →

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Three Recent Trade Developments — Currencies, Antitrust and Sanctions — Overlooked Observations.

Posted on September 12, 2015 by Stuart Malawer

                                                 The following three developments over the last few weeks are particularly interesting. One, currency devaluations may not actually help exports. Two, various countries are now applying antitrust rules to global technology firms (Google). Three, lifting Iranian trade sanctions pose a … Continue reading →

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Law, International Transactions & Federal Courts — Forex, Trade Sanctions, Corruption (FCPA) & Alien Torts.

Posted on August 22, 2015 by Stuart Malawer

                                                          This summer has not proven to be dull in international legal cases from the federal courts impacting international transactions and issues concerning China, Cuba, Iran and others. These cases and issues involve, among others, foreign corruption (FCPA), foreign antitrust … Continue reading →

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Trade Developments on the Federal & State Levels — Growing Criticism, But Some Success.

Posted on July 9, 2015 by Stuart Malawer

                                                                     Major developments in global trade last month, on the federal level, include the enactment of the ‘Fast Track’ legislation and trade adjustment assistance. On the state level, state incentives for economic development focusing on export promotion and foreign … Continue reading →

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