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).

Politicalization of Trade Continues, Domestically and Internationally.

          A great number of recent events have occurred this last month impacting global trade and finance. They include among others: continued aggressive actions of U.S. regulatory agencies concerning foreign banks and auditors, Argentina taking its international bond default case … Continue reading

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Now What? The NSA and WTO Trade Litigation — Is this Really Necessary for National Security?

     The NSA is now said to be discussing with Australia or at least asked by Australia if it wants information that Australia’s surveillance agency got concerning communications between Indonesia’s government and its American law firm as they pertain to ongoing WTO litigation.  … Continue reading

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Obama Trade Policy and “Fast Track” — Does the President Need to be More Aggressive?

              Unlike the very broad foreign affairs powers of the president, reinforced by his powers as commander-in-chief, the president’s authority in trade is significantly different and greatly less.    The Constitution gives the exclusive authority to Congress to regulate international … Continue reading

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U.S. Extraterritorial Legislation — Foreign Banks and Auditors, Again

      The U.S. regulatory agencies are continuing with aggressive extraterritorial application of U.S. economic legislation to foreign banks and foreign auditors under the Dodd-Frank legislation. Most recently the Federal Reserve is about to require foreign banks to increase their capital … Continue reading

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Trade Negotiations & World Politics — Is Congress Restricting the U.S. in World Politics?

          A recent op-ed in the Financial Times concludes that “[A] revival of the U.S. economy should not be confused with a resurgence of America’s role … [T]he most important emerging theme in world politics is America’s slow retreat … Continue reading

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Jimmy Beam, Time Warner and Global Trade …. Good News?

          The first two weeks of January 2014 have seen very interesting developments in global trade relations — the filing of new WTO litigation by Russia, successfully concluding the Bali negotiations, restricting U.S. litigation against multinationals, sparring in Congress over President … Continue reading

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Boeing and State Incentives — Update — What Are the Implications?

Boeing employees voted today in favor of contract and pension limitations to secure their jobs.  This was against the advice of their union leaders. This vote has convinced Boeing to keep production of the new 777X in the State of … Continue reading

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State Incentives and Jobs — Yes, Incentives are Important.

      The recent news that Boeing in the state of Washington and ESPN in Connecticut have received or about to receive millions more in state tax breaks have revived the national debate over the merit of state economic incentives to attract and … Continue reading

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Heightened U.S. Trade Diplomacy — New Rules for Newer Issues in Global Commerce — Maybe.

              The last few days of 2013 have seen two important trade developments. One, Russia filed its first WTO case (against the EU). Two, there is heightened U.S. trade activity in working with Congress to implement President Obama’s trade agenda. … Continue reading

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NSA Spying for Google — Disturbing News — We Need More Info.

Now it turns out, as reported by the New York Times that the NSA not only spies for economic  reasons relating to national security but  perhaps even for the benefit of specific U.S. multinationals. Thus, questioning the long-standing argument that the … Continue reading

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