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Author Archives: Stuart Malawer
Global Tax Reform is Back — At Least Discussion on Both Sides of the Atlantic.
Global Tax Reform is back — at least heightened discussion of it on both sides of the Atlantic. Both the U.S. and the EU are grappling with revising their provisions concerning international taxation. There is a growing consensus … Continue reading
Posted in Global Trade Relations
Tagged Apple's billions offshore and massive domestic bond issue, data and customer disclosure, EU tax reform, G-20 and OECD international tax consideration, International Tax Reform, MNC and offshore tax havens, national taxation of cross-border transactions, national taxation of global transactions, offshore retained earnings, U.S. and EU tax reford negotiations, unitary taxation
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10 Facts About WTO Litigation & U.S. – China Litigation.
Here are 10 interesting facts that my current research highlights concerning WTO litigation generally and U.S. – China litigation in the WTO. Only about 1/3 of all cases filed in the WTO actually result in full litigation. (For the U.S. it’s a bit … Continue reading
10 BROAD & DIVERSE TRADE UPDATES — Russian Sanctions, FATCA, Alien Tort Statute, FDI Report, Cyberespionage, Foreign Banks, MNC Tax, New USTR.
A broad range of new trade actions from both the U.S. and EU have shown renewed interest in attacking long-standing problems and some newer ones. This has been driven in part by the continued global economic slowdown and renewed … Continue reading
Multinational Corporations and Human Rights — The Alien Tort Statute No Longer Applies.
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
Posted in Global Trade Relations
Tagged Alien Tort Statute, extraterritoriality, Kiobel v. Royal Dutch, mulitnational corporations and human rights, New York Times and Wall Street journal board of editors, presumption against extraterritoriality, presumption in favor of territoriality
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Trade Updates: Tax Havens, EU Antitrust, EU Trade Powers, Russian Sanctions, Power Politics — Diverse Developments.
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
Corruption, Taxation, National Security, Investment, National Interests — Recent U.S. Trade Developments
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
States and Trade Sanctions — New Role of States Under Federal Legislation — Historical Development.
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
Posted in Global Trade Relations
Tagged Burma trade Case (Supreme Court 2000), exclusive role of Congress in global trade, federal legislation and state trade sanctions, federalism and state trade, implied preemption and state trade sanctions, Iranian trade sanctions, multilateral and federal sanctions, principle of federalism and global trade, role of Congress in international trade policy, state trade sanctions, The Comprehensive Iran Sanctions Act of 2010
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Virginia Agriculture Trade and the WTO — What Does this Evidence About Globalization?
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
Posted in Global Trade Relations
Tagged agriculture and global trade, economic development and jobs, state exports and foreign direct investment, states and foreign policy, states and global trade, states and the WTO, states and trade sanctions (investment sanctions), Virginia Governor's Conference on Agricultural exports
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U.S. Energy Revolution and Exports — Need For Updated Laws, Both Domestic and International.
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
Posted in Global Trade Relations
Tagged 1938 energy law of the U.S., Dept. of Energy and energy exports, emerging WTO law on export restrictions, energy exports from the U.S., energy revolution, Gatt articles XI and XIII, global energy exports, natural gas and shale exports, U.S. and EU actions against China for export restrictions, WTO law and export restrictions
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Cyber Espionage and Trade Secrets — U.S. Strategy and Global Action.
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
Posted in Global Trade Relations
Tagged China and cyber espionage, cyber spy and commercial advantage, cypber espionage, destruction of data, diplomatic efforts and trade secret theft, global legal structure and commercial cyber espionage, global trade and economic and cyber espionage, national security and cyber espionage, national security and international trade, theft of data, theft of trade secrets and global trade, U.S. competitiveness and trade secrat theft, U.S. legislation and trade secrets
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Stuart Malawer
U.S. LAW & GLOBAL TRADE RELATIONS. 
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