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Author Archives: Stuart Malawer
Global Shipping and Local Economic Development — Post-Panamax Ships.
Global shipping and global trade is confronting a historical change when the Panama Canal expansion is completed next year and the new post-Panamax ships will be looking for ports that can accommodate them. This potential change in shipping … Continue reading
Posted in Global Trade Relations
Tagged Global shipping and local economic development, local and state transportation infrastructure and global shipping, local transportation improvements and jobs, lower cost of shipping goods, new shipping routes, ports and economic development, post-Panamax ships
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Commercial Diplomacy, Foreign Policy and National Interests — Legacy of Hilary Clinton’s State Dept.
The commercial diplomacy of Hilary Clinton’s State Dept. may in fact become the greatest legacy of her four years, although this is not generally recognized yet. She has made commercial diplomacy and trade promotion integral to American foreign policy, partially at the expense of … Continue reading
International Law and Overseas Military Contractors — Corporate Liability for Torture? — About Time.
Engility Holdings, a military contractor, recently settled a case which alleged torture by its contractors in Iraq in violation of international law. It was a case brought by former detainees. Previous conflicting federal court rulings, in 2009, had left the general issue of … Continue reading
Posted in Global Trade Relations
Tagged CACI International, corporate liability for torture, detainees and international law, Engility Holdings, extraterritoriality of U.S. law against torture by U.S. corporations, inaugral address of 2009, international law and torture, military contractors, rule of law and rights of man, torture
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New Book — “Global Trade and International Law” — Many Issues and Many Approaches.
My new book GLOBAL TRADE AND INTERNATIONAL LAW has just been published by William S. Hein and Company (January 2013). This utilizes a multidisciplinary approach in assessing a broad range of international legal and global trade issues. These are … Continue reading
International Organizations and International Transactions — Can Global Agreements Help Resolve Conflict Over Sovereign Debt Restructurings and Investments by State-Owned Enterprises?
Two international economic areas have been in the news recently as wrought with conflict and need of a better mechanism to resolve disputes. The first is sovereign debt restructuring as evidenced by Argentina and Greece. The second is the conduct … Continue reading
Two New Actions — Communications Satellites and GITMO — A More Assertive President?
Two very interesting legal developments seem to have been lost in passage and signing of the legislation avoiding the financial cliff, “The American Tax Payers Relief Act of 2012.” Almost immediately after signing the fiscal cliff … Continue reading
Posted in Global Trade Relations
Tagged aggressive presidential actions, American Taxpayers Relief Act of 2013, arms exports and commercial exports, commercial and communication satellites, constiutional rights of detainees, Fiscal cliff legislation, Gitmo, hallmark of the Obama administration, National Defense Authorization Act of 2013, national security and trade, national securiy and export controls, rights and obligations of U.S. action, U.S. defense budget
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U.S. Treaty Practice — Hostage to Unrealistic Demands?
Treaty practice is an essential aspect of U.S. foreign policy. It is particularly important in trade and finance matters — from the WTO to bilateral investment treaties to international antitrust cooperation agreements. Treaty practice is important also to a … Continue reading
Posted in Global Trade Relations
Tagged Argentina, conservative opposition to international law and treaties, executive agreements, foreign soverign immunity, global transactions, international law, multi-jurisdictional world, national sovereignty and treaties, sovereign debt, U.S. Supreme Court, U.S. treaty practice, WTO / GATT legal system
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Domestic Interest Groups and Foreign Trade Policies — Forthcoming Agricultural and Energy Debates.
Domestic interest groups are often the major factor in determining the success or failure in adopting newer trade policies. Battles are shaping up for 2013 over agricultural issues between the United States and the EU — involving contending domestic interest groups in … Continue reading
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
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
Posted in Global Trade Relations
Tagged global banking, Justice Dept., LIBOR-conspiracy, parent v. subsidiary, UBS
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Stuart Malawer
U.S. LAW & GLOBAL TRADE RELATIONS. 
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