Category Archives: Global Trade Relations

Chinese Trade Disputes and Direct Investment — Don’t Let Trade Disputes Derail Foreign Investment into the U.S.

Posted on May 26, 2012 by Stuart Malawer

Beijing has responded to recent U.S. imposition of 31% antidumping measures on Chinese solar panels by finding that U.S. subsidizes clean-energy projects in violation of international trade law under the WTO. These U.S. and Chinese trade actions only heat up U.S.-China trade relations to … Continue reading →

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Trade, National Security and Cyber Espionage — Any U.S. Response under the WTO Rules? Maybe ………….

Posted on May 20, 2012 by Stuart Malawer

Is commercial and economic cyber espionage by China subject to valid counter-measures by the U.S. under the WTO — specifically under GATT Article XXI that allows trade restrictions  to protect national security? What about more limited responses under the TRIPS agreement  to … Continue reading →

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Renunciation of citizenship to save future capital gain taxes — A mere ingratitude or a call for public debate & better policies?

Posted on May 18, 2012 by Stuart Malawer

Let’s see. You come to America to go to a university paid for by your parents. You invest a bit of your parent’s money in a pre-startup. You get American citizenship. You make huge money by no fault of your … Continue reading →

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Resource Nationalism and Nationalization in Latin America? — Will this lead to a Trade War?

Posted on May 9, 2012 by Stuart Malawer

Three Questions: Is resource nationalism and nationalization back in Latin America? Will this cause a trade war? What will foreign investors do in light of these developments?  Here are some recent trade and investment items: …. Argentina expropriated the Argentine … Continue reading →

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Tax Havens, Foreign Corruption and Bank Secrecy — One Big Global Problem — Better U.S. Corporate Oversight Needed.

Posted on May 6, 2012 by Stuart Malawer

Recent developments concerning disclosure of Apple’s alleged sheltering of $7 trillion dollars in offshore tax havens and Wal-Mart’s foreign bribery scandal in Mexico raise three inter-related issues: tax havens, foreign corruption, and offshore banking secrecy. Together these issues  feed into grave global … Continue reading →

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Global Taxation of High-Tech Firms — States, Federal Government and Foreign Countries are Losers.

Posted on April 29, 2012 by Stuart Malawer

Apple is the latest high-tech corporation targeted by the press for its aggressive tax strategies that leave states, the federal government and foreign countries with less tax payments than from traditional corporations such as Wal-Mart. Apple routes its transactions trough … Continue reading →

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Wal-Mart and Global Corporate Bribery — It’s about Our Values, Economic Development and U.S. Global Leadership.

Posted on April 27, 2012 by Stuart Malawer

  Wal-Mart is the latest multinational corporation now facing allegations of  illegal payments to foreign government officials. This raises issues of corporate responsibility, economic growth, our values, and U.S. global leadership. This case involves questionable corporate payments under both U.S. and … Continue reading →

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Wal-Mart and Foreign Corruption — Where is the Corporate Responsibility; Where is the Federal Prosecution?

Posted on April 22, 2012 by Stuart Malawer

Wal-Mart is the latest multinational corporation now facing allegations of  illegal payments to foreign government officials.  This case involves questionable corporate payments under both U.S. and Mexican law by Wal-Mart to help expand its stores in Mexico.  “Wal-Mart Covered Up Bribery, Report … Continue reading →

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New Model Bilateral Investment Treaty — Upholding International Law and Good for U.S. Firms.

Posted on April 22, 2012 by Stuart Malawer

The USTR released the revised 2012 model of the “Bilateral Investment Treaty.” This is the first revision since 2004 during the Bush administration. It builds on the traditional position of the U.S. toward investment treaties and builds upon it.  It … Continue reading →

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The Supreme Court and International Law — An Unclear Future …..

Posted on April 19, 2012 by Stuart Malawer

The Supreme Court ruled yesterday that the “Torture Victim Protection Act of 1991” only applies to individuals and not corporations. (Mohamad v. Palestinian Authority). This was based on the interpretation of the term “individuals.” This was a technical but a … Continue reading →

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