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).

Multinational Corporations and Human Rights — The Alien Tort Statute No Longer Applies.

Posted on April 18, 2013 by Stuart Malawer

     Yesterday the U.S. Supreme Court in Kiobel v. Royal Dutch (2013)  declared that the general presumption against extraterritoriality of U.S. legislation was not overcome (and thus upheld the presumption of territoriality of U.S. legislation unless Congress says otherwise).  The … Continue reading →

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Trade Updates: Tax Havens, EU Antitrust, EU Trade Powers, Russian Sanctions, Power Politics — Diverse Developments.

Posted on April 15, 2013 by Stuart Malawer

          A number of diverse developments have recently occurred concerning global trade relations. They continue to evidence the broad range of  topics impacting trade across the globe. In particular, the developments relating to the U.S., the EU, and Russia are of … Continue reading →

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Corruption, Taxation, National Security, Investment, National Interests — Recent U.S. Trade Developments

Posted on April 1, 2013 by Stuart Malawer

               Recent developments concerning foreign corruption prosecutions, taxation of multinationals, national security reviews, and criticism of U.S. trade policy as being increasingly based on national interests and power politics remind me how really diverse the field of international trade relations is … Continue reading →

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States and Trade Sanctions — New Role of States Under Federal Legislation — Historical Development.

Posted on March 17, 2013 by Stuart Malawer

    Recent federal law   (Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010) authorizes states to impose trade sanctions on Iran.  (This legislation was amended by the National Defense Authorization Act for Fiscal Year 2012.)     The 2010 statute specifically cites and encourages divestment … Continue reading →

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Virginia Agriculture Trade and the WTO — What Does this Evidence About Globalization?

Posted on March 9, 2013 by Stuart Malawer

The Virginia Governor’s Conference on Agricultural Exports was recently held for two days in Richmond. Who was the luncheon speaker? The former Director-General of the World Trade Organization Mike Moore. Ambassador Moore followed Virginia Governor McDonnell’s presentation. This simple fact that … Continue reading →

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U.S. Energy Revolution and Exports — Need For Updated Laws, Both Domestic and International.

Posted on March 5, 2013 by Stuart Malawer

The energy revolution in the U.S. has gigantic implications for the U.S. economy and its trade relations. It involves major confrontations between interest groups within the United States. It also poses newer problems of domestic and global trade law. U.S. industry that uses … Continue reading →

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Cyber Espionage and Trade Secrets — U.S. Strategy and Global Action.

Posted on February 21, 2013 by Stuart Malawer

The Obama administration has launched a new comprehensive strategy concerning global theft of U.S. trade secrets, especially when state-sponsored. The new report released this week  considers “trade-secret theft” as a major issue in the context of economic and national security. It also views it as … Continue reading →

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Currency Wars and Multinational Tax Evasion — Time for Real Action.

Posted on February 17, 2013 by Stuart Malawer

The final communique by the G-20 in Moscow implicitly addressed Japan’s recent monetary policies and quantitative easing in the U.S. The G-20 proclaimed the need for global market forces to set exchange rates. It called for resisting monetary policies that can result in … Continue reading →

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Global Cyber-Espionage and U.S. Economic Competitiveness — The Newest Trade Issue?

Posted on February 11, 2013 by Stuart Malawer

     There is a global cyber-espionage campaign threatening the U.S. economic competitiveness, a new National Intelligence Estimate states.  The source of this to a great degree is China. The Obama administration is considering filing a complaint in the WTO concerning … Continue reading →

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Extraterritorial Foreign Policy Actions — Drones, Detention,Targeted Killings, Cyberattacks — What About Trade Powers?

Posted on February 5, 2013 by Stuart Malawer

     President Obama seems to have extended the extraterritorial reach of his executive powers by aggressively using drones, staking out a broad cyberstrike policy, targeted killings of Americans abroad, and continued detentions.  This is surprising given that this former constitutional law … Continue reading →

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