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).

U.S. Extraterritoriality and Corporate Governance and Global Transactions — More Aggressive U.S. Action.

Here’s a presentation and a PowerPoint I gave recently concerning the extraterritorial application of U.S. international economic legislation and regulation impacting a wide variety of  U.S. international transactions. Areas concern, foreign corruption, reexport controls, trade sanctions, foreign tax and banking disclosures, … Continue reading →

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Unilateral Action and Changing International Rules — Reagan and Obama — An Untold Story.

Recently gave a short presentation on Eric Holder’s legal defense of the Obama administration’s policies concerning military commissions and targeted killings. But my main point was how unilateral actions by the U.S. can help change outdated international law rules. In … Continue reading →

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Brazil — Currency Wars, Trade Disputes and Great Opportunity for U.S. Trade and Investment.

I’ve  recently returned from Brazil. Brazil has various trade disputes and currency issues with a number of countries. For Brazil the “currency wars” continue with the high valuation of its currency. Brazil continues to have issues with the United States concerning … Continue reading →

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Emerging Issues in International Trade — Recent Conference — Foreign Investment and Cybersecurity.

I gave the keynote address last week at the College of William and Mary Law School’s conference on emerging issues in international trade.  The presentation was on the WTO dispute resolution system and U.S. – China litigation 2001-2012. It is … Continue reading →

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“WTO / DSU & U.S. Trade Enforcement — U.S. – China Trade Disputes — More Aggressive Enforcement.”

I gave the keynote address last week at the College of William and Mary Law School’s conference on emerging issues in international trade.  The presentation was on the WTO dispute resolution system and U.S. – China litigation 2001-2012. It is … Continue reading →

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U.S. – China Trade Friction and Recent U.S. Actions … What’s the Assessment?

China is warning of increased trade tension during this Presidential election season. It is now considering reciprocal trade actions to combat a string of recent U.S. actions it considers more aggressive and targeted against China. China points to the following four items: … Continue reading →

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Obama, Bush & China Litigation in the WTO — Increased Focus & Frequency.

The following are two interesting charts comparing the Bush and Obama administrations in bringing cases against China in the WTO. They indicate the increased rate and focus of the Obama administration in filing such cases. There is also one chart … Continue reading →

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New WTO Case on China Export Restrictions (Rare Earth Minerals), New Legislation and ITA Action — WTO and Trade Focus of U.S. on China.

The U.S. along with Japan and the EU filed disputes against China concerning China’s export restrictions on various rare earths and other minerals. This case follows a recent AB decision in January 2012 against China’s export restrictions on nine raw minerals. The … Continue reading →

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The Boeing Decision — Sub-National and Defense Measures Violate Global Trade Rules.

The WTO Appellate Body upheld some claims of the EU against the U.S. concerning subsidies to Boeing. The USTR claimed this as a victory because of the smaller amount of subsidies found when compared to those found by the WTO … Continue reading →

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U.S. Commerce Under Secretary Calls for More Trade with Brazil and Indonesia and More Trade Enforcement.

Francisco Sanchez, the U.S. Commerce Under Secretary for International Trade, called for more trade with Brazil and Indonesia. Among other topics he discussed was greater trade enforcement by the Obama administration. However, it’s interesting to note that his office does not self-initiate actions. … Continue reading →

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