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).

Russia’s Accession to the WTO, Almost — It’s Long Overdue.

         With the EU’s favorable action this week and Moscow’s announcement of its plan to join the Information Technology Agreement, the Russian Federation’s accession to the WTO has moved forward significantly. It’s almost completed. Only the opposition of Georgia seems to be holding … Continue reading

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Solar Panel Litigation & the Emerging Clean Energy Trade War — Good for Whom?

A new dumping / subsidies case was filed recently by American solar panel makers attacking China’s subsidies to its manufacturers. This filing with the International Trade Administration / U.S. International Trade Commission is a new skirmish in the emerging clean energy trade war … Continue reading

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Foreign Investment and National Security – Restricting Huawei’s Contracts & Investments – Wrong Signal?

Various attempts to acquire business opportunities in the U.S. by the Chinese telecom company, Huawei, have been blocked by the federal government. These federal actions have been based upon national security concerns over technology transfer and cybersecurity.  Global mergers and foreign investment are … Continue reading

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Three New Bilateral Trade Agreements — What’s the Real Impact? — Economic or Political?

Congress just passed the bilateral trade agreements with South Korea, Colombia and Panama. This is clearly a rare bipartisan act and a success for President Obama. But what is the real significance of these new free-trade agreements? Is it economic (read … Continue reading

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Trade Remedy Actions — Which countries are the biggest users and biggest targets? — Some Surprises.

Which countries are the biggest users of trade remedy actions? Which countries are the most often targets of these investigations? What are the global trends in these cases? Here’s some very interesting data from the WTO concerning antidumping cases, countervailing … Continue reading

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U.S., China and EU — Recent Trade Cases — What do the Portend?

The four major cases noted below have been decided by the WTO concerning China, the U.S. and the EU during 2011. What do they indicate? One, that China has won a major case against the EU. This is China’s biggest victory in the … Continue reading

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Foreign Policy is now driven by Domestic Economic Policy.

U.S. foreign policy is now driven by domestic economic policy considerations. Can the U.S. sustain overseas wars and military actions while China  and other countries are thriving and the U.S. is not? To me this is the threshold question confronting U.S. policymakers and … Continue reading

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Free Trade and National Security — Stronger Foreign Economies are in our National Interest.

President Obama’s national security adviser Ton Donilon makes the free-trade case for national security when he advocates the passage of  three bilateral trade agreements recently submitted to Congress (Panama, Colombia and South Korea). He argues passage will signal our commitment to strengthening bilateral … Continue reading

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Enforcing Corporate Responsibility when Banks Undertake Questionable Foreign Exchange and Currency Transactions.

Private whistleblower litigation and litigation by the state officials have been brought against the Bank of New York Mellon in courts throughout the United States including New York, Virginia, California, Florida, and Massachusetts.  Just this week the federal government (U.S. Department of Justice) also … Continue reading

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Export Subsidies and Undervalued Foreign Currency — New Bill is a Bad Idea.

The U.S. Senate recently passed the “Currency Exchange Rate Oversight Reform Act of 2011.” This proposed legislation is very questionable. It purports to give a populist answer to a very complex set of problems. These problems include market access, recognition of intellectual property … Continue reading

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