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).

Two Newer Developments — Foreign Mergers and Satellite Export Controls — Contradiction Between Investment and Trade Policies?

     Two pending developments are of great interest — relating to foreign corporate investments into the U.S. concerning critical technologies and pending changes in satellite export control rules. They show the growing contradiction within U.S. trade and investment policies. The … Continue reading

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UBS Libor Conspiracy — Foreign Subsidiary Pleads Guilty — Why Not the Parent Corp. Also?

A Japanese subsidiary of the Swiss bank UBS plead guilty for conspiring to fix LIBOR rates. The concern among many is why the Justice Dept. did not also insist on a similar plea by its parent Swiss corporation. “UBS Admits … Continue reading

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Diverse and Rapidly Changing Global Trade Landscape — Five Newer Developments.

             Important developments in international trade relations over the last two weeks show how diverse this field is and how quickly events unfurl. They include the following areas: global antitrust, international taxation (transfer-pricing), newer non-tariff barriers (general national economic regulation), the Russian Federation’s … Continue reading

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State Incentives for Economic Development — Corporate Welfare? The Debate We Haven’t Had — Any Federal or International Legal Issues? Maybe.

The New York Times recently published a series of front-page articles on state and local incentives and economic development. This series was the culmination of  a 10-month investigation into economic incentives awarded by hundreds of cities, counties, and states. Perhaps the most … Continue reading

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U.S. – EU Free Trade Agreement, Sovereign Debt and New Global Landscape — New DNA in Trade Relations?

Here are three items concerning the EU (and the U.S.), the multilateral trading system, and Argentina (sovereign debt restructuring) indicating how global trade issues are changing every day and how important they are to be understood by policy makers in … Continue reading

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Dramatic New Trade Developments, They Keep Happening.

Developments keep happening demonstrating how global trade is dramatically changing and encompassing a broad range of newer topics. For example, the issue of foreign corporate  corruption continues to get top treatment by the U.S. Dept. of Justice, U.S. – Russia … Continue reading

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State Universities and Economic Development — A New Top Priority, Long Overdue.

Professor Stuart Malawer (left) and Visiting Scholar Dr. Li Fenning, Wuhan University of Technology (right), with Jim Cheng, Secretary of Commerce and Trade, Commonwealth of Virginia, discussing trade and investment strategies for increasing China – Virginia commercial relations. At George … Continue reading

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National Security and Direct Investment — Canadian Style — Same as U.S.?

Petronas, Malaysia’s state-owned oil company, is battling the Canadian government to allow its proposed $5.3bn acquisition of Progress Energy Resolution. Also waiting approval is China’s CNOOC’s proposed $15bn acquisition of Nexen, another Canadian company. The issues raised by the Canadian government … Continue reading

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U.S. – China Litigation in the WTO — What Does the Record Show for Obama and Bush?

 U.S.-China trade relations have become a leading foreign policy and trade issue in the 2012 presidential campaign, as demonstrated by the candidates’ statements throughout the presidential debates. What does the WTO data show? President Obama’s administration has filed more cases … Continue reading

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New Trade Developments and the U.S. — Careful Examination Needed.

A host of new trade developments recently have raised issues of U.S. national interests, national security, foreign investment, and issues of U.S. regulations. The represent a very dynamic and fluid situation that bears carefull  examination in this election season and … Continue reading

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