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

Posted on October 11, 2011 by Stuart Malawer

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.

Posted on October 8, 2011 by Stuart Malawer

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.

Posted on October 6, 2011 by Stuart Malawer

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.

Posted on October 4, 2011 by Stuart Malawer

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.

Posted on October 3, 2011 by Stuart Malawer

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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Chinese Investment & State Economic Development in the U.S. — A Good Idea.

Posted on October 1, 2011 by Stuart Malawer

As a result of the 2008 global financial crisis and the Great Recession, states are confronting fierce fiscal challenges and the job market is weak. In addition, the U.S. economy is not recovering as it has in past economic downturns. … Continue reading →

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Two Questionable Trade Proposals …. “Buy American” & Currency / Subsidy Determinations.

Posted on September 30, 2011 by Stuart Malawer

The “Buy American” provision in President Obama’s “American Jobs Act” is viewed by some as an “anti-stimulus trade provision” similar to that in the earlier 2009 stimulus legislation. This may very well be illegal under WTO rules. Remember the uproar … Continue reading →

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Update on U.S. – China Litigation in the WTO — What’s the Verdict?

Posted on September 28, 2011 by Stuart Malawer

Two instructive quotes concerning the WTO dispute resolution system and the role of China in observing the rules of global trade can be found in the Financial Times earlier this year. “[The WTO is] the greatest advance in multilateralism …. … Continue reading →

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The Fight over International Taxation of Multinational Corporations is Just Starting.

Posted on September 26, 2011 by Stuart Malawer

The I.R.S. is increasingly targeting cross-border bank transactions worth billions of dollars. The I.R.S. has increasingly denied foreign tax credits to U.S. multinational firms. These developments need to be assessed within the context of the global financial crisis of 2008, … Continue reading →

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New U.S. – China Trade Litigation in the WTO — Active Trade Litigation Continues.

Posted on September 22, 2011 by Stuart Malawer

Yesterday the Obama administration filed yet another action against China in the WTO dispute resolution system.  This complaint involves China’s antidumping and countervailing duties on the import of poultry from the U.S. This filing continues the aggressive enforcement actions first initiated during … Continue reading →

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