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).

Trump’s Unsettling Economic Warfare — Tariffs, Taxes and Financial — “Back to the Future”?

     Trump is clearly resorting to economic warfare. Threatening U.S. allies and now even Ukraine. Demanding billions of dollars from sale of its rare minerals, to threatening punitive taxation of foreign firms if their countries are discriminating against U.S. … Continue reading

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Trump’s Tariffs — Legality Under U.S. and WTO Law? — Very Questionable.

  Two recent CGTN interviews (Feb. 2025) …………………. https://www.youtube.com/watch?v=toarh82Bgfs&t=6s https://www.youtube.com/watch?v=C1I9hsWLb7k        Trump’s reliance on domestic legislation that authorizes tariff and trade actions for either national security or foreign policy reasons is very questionable. Federal courts will eventually review … Continue reading

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Will U.S. Courts or Congress Stop Trump’s Tariffs? Maybe.

Two recent CGTN interviews (Feb. 2025) …………………. https://www.youtube.com/watch?v=toarh82Bgfs&t=6s https://www.youtube.com/watch?v=C1I9hsWLb7k     It’s my belief that the best avenue to restrain Trump’s use of tariffs and other trade actions (sanctions, investment restrictions, sales restrictions) lie within the federal courts and the … Continue reading

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Global Trade Panel – Global Trade War? — Is the U.S. Violating U.S. and WTO Law?

Here’s a link to a recent panel discussion with two leading world authorities on the likelihood of a global trade war. (Feb. 15, 2025) ……. https://www.youtube.com/watch?v=toarh82Bgfs

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Trump & ‘Reciprocal Tariffs’ — Trying to Find U.S. Law to Further Undermine Global Trade Law & the Global System.

     The Trump administration is scouring U.S. law to find a basis for furthering disrupting the existing global trading system and thus the broader international political and economic system. Legally, his reliance on various domestic laws is very questionable, … Continue reading

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Trump’s Trade Policies — Continuing to Go Backward, More Unilateral, Confrontational and Unpredictable.

     The Trump administration continues to upset existing trade relations by imposing universal tariffs on steel and aluminum and by digging deeper into U.S. trade law by relying on older legislation.  In particular, by focusing on national security and … Continue reading

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Trump’s Attack on both the International Trade & Political Systems — Trying to Destroy them? U.S. is now Unpredictable (Domestically and Internationally).

     At this point China’s retaliatory actions to Trump’s new tariffs on Chinese imports are fairly broad (antitrust, imports, exports, however, no restrictions on agricultural imports). But these actions are not that aggressive.      What is most important, … Continue reading

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Trump Launches Trade War — Protectionism & Economic Nationalism — ‘Expansive’ Use of U.S. Laws & Attacks Rules-Based Trading System (as Expected).

     Trump’s trade war now includes his use of the International Economics Powers Act and his rejection of the de minimis exception.  Overall, his actions amount to rejection of the post-war system of trade relations and toxic unilateral action, … Continue reading

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Trump’s Tariffs (China, EU, Mexico & Canada), Little to do with Trade — Broader Goals — More Retaliation, Domestic & International Litigation.

     Trump is now relying on obscure or little used legislation as a basis for this tariff actions and threats. These will undoubtedly result in domestic and international litigation. Most likely making new domestic law addressing the Congress’ exclusive … Continue reading

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Trump Threatens New Tariffs & Int’l Taxes — The Newest Onslaught on the Global Economy.

Global Taxes are the new battlefield announced by President Trump during his first week in office. Trump threatens new tariffs and new taxes on foreign companies. His threat of new taxes is the newest threat in his onslaught on the … Continue reading

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