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).

Cybsersecurity — NSA and Huawei — Just National Security?

                     NSA hacked into the servers and network equipment of Huawei, the private Chinese telecom firm, to determine its ties to Beijing and to exploit those networks and equipment when purchased by third countries or companies in those countries. … Continue reading

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Trade Agreements (TPP) & Globalization — Is Support for the Them Really on the ‘Wrong Side of History’? Don’t Think So.

     The recent article by Joseph Stiglitz is a frontal attack on the TPP, trade agreements, and globalization. Very interesting. But very wrong. Trade agreements open trade and bolster economic development. Income inequality within the U.S. does sap the interest in more trade … Continue reading

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Economic Sanctions and the Crimea — Be Careful What You Wish For.

 The Crimea crisis has raised the issue of whether or not economic sanctions have become more important in foreign policy and diplomacy given the increased globalization and inter-connectedness of the global  system. More so since the 2008 Georgia crisis and the increased U.S. experience with … Continue reading

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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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