Category Archives: Global Trade Relations

Foreign Corruption — More Aggressive U.S. Prosecutions? Yes, They are Needed.

Posted on March 30, 2014 by Stuart Malawer

      The U.S. Dept. of Justice should be more aggressive in prosecuting firms for bribing foreign officials.       Bribery is illegal under U.S. and foreign law. It’s unethical and counter-productive for economic and political development. Forget the U.S. Chamber of … Continue reading →

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National Interest, International Relations and International Law — Is Power Politics Dead in this Era of Globalization?

Posted on March 28, 2014 by Stuart Malawer

          The simple answer is that power politics is not dead in this new era of globalization.       Yes, we have new rules for inter-state relations brought about by globalization.  But calculations of national interests in foreign policy decision-making is … Continue reading →

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Two New U.S. – China WTO Decisions — Who is the Biggest Winner?

Posted on March 27, 2014 by Stuart Malawer

               This week two WTO panels  decided the first two cases involving China – U.S. litigation in 2014. These were two major cases.      The first case was brought by the United States involving China’s export restriction on rare earths. The second case was … Continue reading →

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Investor-State Treaties and Evolution of the Law — Yes, It is a Positive Development.

Posted on March 26, 2014 by Stuart Malawer

                    The move by various countries,  both developed and developing such as Indonesia, South Africa and Australia, to redraw bilateral treaties providing for investor-state provisions, should be resisted. The EU should continue to negotiate such provisions within the … Continue reading →

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Cybsersecurity — NSA and Huawei — Just National Security?

Posted on March 23, 2014 by Stuart Malawer

                     NSA hacked into the servers and network equipment of Huawei, the private Chinese telecom firm, to determine its ties to Beijing and to exploit those networks and equipment when purchased by third countries or companies in those countries. … Continue reading →

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Trade Agreements (TPP) & Globalization — Is Support for the Them Really on the ‘Wrong Side of History’? Don’t Think So.

Posted on March 17, 2014 by Stuart Malawer

     The recent article by Joseph Stiglitz is a frontal attack on the TPP, trade agreements, and globalization. Very interesting. But very wrong. Trade agreements open trade and bolster economic development. Income inequality within the U.S. does sap the interest in more trade … Continue reading →

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Economic Sanctions and the Crimea — Be Careful What You Wish For.

Posted on March 13, 2014 by Stuart Malawer

 The Crimea crisis has raised the issue of whether or not economic sanctions have become more important in foreign policy and diplomacy given the increased globalization and inter-connectedness of the global  system. More so since the 2008 Georgia crisis and the increased U.S. experience with … Continue reading →

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Politicalization of Trade Continues, Domestically and Internationally.

Posted on February 28, 2014 by Stuart Malawer

          A great number of recent events have occurred this last month impacting global trade and finance. They include among others: continued aggressive actions of U.S. regulatory agencies concerning foreign banks and auditors, Argentina taking its international bond default case … Continue reading →

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Now What? The NSA and WTO Trade Litigation — Is this Really Necessary for National Security?

Posted on February 17, 2014 by Stuart Malawer

     The NSA is now said to be discussing with Australia or at least asked by Australia if it wants information that Australia’s surveillance agency got concerning communications between Indonesia’s government and its American law firm as they pertain to ongoing WTO litigation.  … Continue reading →

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Obama Trade Policy and “Fast Track” — Does the President Need to be More Aggressive?

Posted on January 31, 2014 by Stuart Malawer

              Unlike the very broad foreign affairs powers of the president, reinforced by his powers as commander-in-chief, the president’s authority in trade is significantly different and greatly less.    The Constitution gives the exclusive authority to Congress to regulate international … Continue reading →

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