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).

WTO Updates — Cotton Case, Bali, China — Challenges Ahead.

  There are major challenges ahead for the WTO. Here’s some recent developments: ….. Settlement of the U.S. – Brazil cotton case in the WTO is a novel approach, providing for ‘compensation’ and final settlement of dispute, but still allowing newer … Continue reading

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Chinese Investment — Surges in the U.S. and the EU — On Real Estate — Repeat of the 1980s?

          Chinese direct investment in the EU was $108bn last year (2013). The U.K. was its largest market with a focus on real estate. Over the most recent nine-year period Chinese investment into U.K. real estate was over $7.1bn. … Continue reading

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Investor-State Clauses and Other Trade Issues — Still Contentious.

     The issues of maritime shipping (containerization), export subsidies, currency valuations, global taxation, Investor-State clauses in investment treaties, and WTO litigation continue to be big issues in global trade relations. They issues go to the core of global trade today. … Continue reading

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Active WTO Litigation and Other Global Trade Developments.

     Important trade developments recently have involved the WTO as to the ‘Bali Agreements,’ EU-Russia litigation, and threatened Russian litigation over U.S. trade sanctions. Also have had recent developments concerning U.S. anti-tax inversion rules and Chinese antitrust and corruption actions. Here … Continue reading

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International Tax, Internet Governance, Trade Sanctions — International Institutions Fostering Global Rules.

      Four recent developments are really interesting. They deal with international taxation and new OECD and G20 proposals, ITU and  governance of the Internet, and threatened Russian litigation in the WTO over U.S. and European trade sanctions. The thread that … Continue reading

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Novel Trade Issues in a Changing Global System.

        A number of global events recently have raised interesting and novel questions in global trade relations and foreign policy generally. They involve the relationship between antitrust law and trade law (WTO), the disconnect in the U.S. between financial … Continue reading

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The Changing Role of Trade in the Changing International System.

     Recent developments have occurred the last few weeks highlighting the changing role of trade in international relations, the changing international political system, the changing nature of trade relations involving cybersecurity and tariffs, the growing role of sub-national units (such as … Continue reading

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International Judicial Institutions and Global Trade Disputes — Some Favorable Developments.

       Significant events concerning global trade continue to occur recently this August. They involve a new WTO decision against China concerning export restrictions, a European Court of Human Rights decision against Russia, a Permanent Court of International Arbitration against Russia … Continue reading

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Corporate and International Taxation — Is Tax Avoidance Becoming the No. 1 Issue?

     Rampant tax avoidance by global banks and multinational corporations keep happening.  Corporate taxation and specifically taxation of global transactions is now becoming the number one political issue in the United States this fall. It’s not just corporate inversions but a range … Continue reading

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Global Trade Rules & Courts Needed to Ensure Order in Increasingly Disorderly Global Relations.

          A series of recent trade developments again raises  the importance of international rules and international judicial institutions to the functioning of the global trading system in an orderly way. (Domestic courts are also important.) This is occurring in … Continue reading

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