The following is the introduction from my new article, “US–China Trade Relations: Tectonic Changes and Political Risk in the Global System – National Security, Industrial Policy, and Protectionism.” (Sept. 2023)

• There has been a tectonic shift in the trade relationship between the United States (US) and China. This can be seen in the passage of new US legislation, recent US trade restrictions on exports and investment transactions with China, and worsening US relations with the World Trade Organization (WTO), particularly with its dispute resolution system. The Trump administration initiated a haphazard tariff and trade war with China, reversing decades of US trade policy pursuant to its long-standing stances of supporting free trade. To the dismay of many in the trade community within the US and globally, the trade actions by President Trump have been significantly extended and broadened by the Biden administration in its first two years, despite the expectation that it would reverse many of Trump’s policies. In this article, I present seven observations concerning President Trump’s and President Biden’s trade policies.

The following are excerpts from a recent report on foreign ownership of farmland in Virginia. So my question is — Is this really a problem? When only about 1% is owned by foreign companies. And the leading companies are from Canada, France, Germany and the U.K.

• Virginia has 560 parcels in foreign ownership as of December 31, 2021, in 81 unique localities. Forty-five different countries are identified as the nationality of the foreign interest with the highest concentration being from Canada (57), France (95), Germany (83), and the United Kingdom (62).

• The U.S. Department of Agriculture (USDA) disseminates an annual report on foreign holdings of U.S. agricultural land as required in the Agricultural Foreign Investment Disclosure Act of 1978 (AFIDA). AFIDA requires any foreign person who acquires or transfers an interest in agricultural land to report the transaction to the Secretary of Agriculture within 90 days.

• According to the USDA Farm Services Agency Foreign Holdings of U.S. Agricultural Land – through December 31, 2021, the information required to be reported consists of the legal name and address of the foreign person, country of government or citizenship.

• Foreign-Held Agricultural Land (Acres) — Proportion of Foreign-Held to Privately-Held Agricultural Land — 2021 — 254,494 acres– 1.2%

      I should point put Chinese ownership is less than 1/2 of 1%. And this is old.

      “Foreign Ownership of Virginia Farmland.” (Virginia Legislative Report) (July 2023).

See also: “Chinese Ownership of Virginia Farmland.” Richmond Times-Dispatch (June 26, 2023).

Just completed 14 years of service to the Commonwealth of Virginia as a board member of the Virginia Economic Development Partnership and then as a member of the Virginia Advisory Committee on International Trade (VEDP). Below is an announcement of my first appointment in 2009 by Governor Kaine. Was sworn in by my former George Mason University law student, Judge Joanathan Thatcher of the Fairfax Circuit Court. Of course, with me are my two kids (now lawyers with the U.S. Justice Dept. and the U.S. Dept. of Education) and my wife.

Author Profile – Dr. Stuart S. Malawer Stuart Malawer holds a Ph.D. from the Dept. of International Relations at the University of Pennsylvania. He has a J.D. from the Cornell Law School and a Diploma from The Hague Academy of International Law (Research Centre). He also studied at the Harvard Law School and St. Peter’s College at Oxford University. Professor Malawer was a member of the Virginia Governor’s trade missions to China, India, and Japan. Dr. Malawer was awarded the Hardy Cross Dillard Award by the Virginia State Bar, in recognition of serving as Chairman of its International Practice Section and Special Editor of the Virginia Lawyer. Most recently, he published articles on the US-China trade litigation, Trump’s trade policies, and cybersecurity. Recent books have included Trump and Trade – Policy and Law (2021), Global Trade and International Law (2012), US National Security Law (2009), and WTO Law, Litigation and Policy (2007). Professor Malawer served as the Director and Founder of the Graduate International Transactions Program at George Mason University (a masters’ program in international affairs). He was subsequently named the Distinguished Service Professor of Law & International Trade, as well as the Director of the Oxford Trade Program. This program was held annually in partnership with St. Peter’s College at Oxford and Geneva. The GMU Alumni Association named Professor Malawer the Distinguished Faculty Member of the Year. He was a gubernatorial appointee to the Virginia Economic Development Partnership and recently to the Virginia International Trade Committee. He may be contacted at: StuartMalawer@msn.com

 Stuart Malawer in China by Great Wall of China (During Virginia Governor’s Trade Mission)

Just a note concerning my public service to the Commonwealth of Virginia. Just completed several years of service on the Virginia Advisory Committee on International Trade and the Virginia Economic Development Partnership. This involved a number of gubernatorial appointments by various Virginia governors (Kaine, McAuliffe and Northam). Also was a delegate on a number of Virginia governor’s trade missions to Japan, India and China. Always active in promoting interational trade and investment as important to state economic development. Was a great honor to do so. Look forward to more service to Virginia.

                                              With Governor Mark Warner in China.

                                          2023 Biography for Dr. Stuart S. Malawer (Click Here)

                2001 (with the Director-General Mike Moore and Peter Watson)                                                  

                                                                            At the WTO 1999

From my LinkedIn posts (June 2023) …………….

1 more day and it will be official ….. Retirement from GMU on June 1st after 46 years of teaching at the law school and public policy (and a total of 55 years at other schools). Thanks to many of you for your help with my classes over the years and for the friendship of many others. I am looking forward to continuing our friendship ……  Stuart

 I want to thank everyone who responded to my post retiring from George Mason University after a total of 55 years of teaching at GMU and elsewhere. Never, ever thought about retirement. Always focused on preparing for the next class and writing the next article. I’m simply amazed about how diverse my students have been and what they are doing now. But what I want to say — It is I who have benefited gigantically, grew and greatly expanded my understanding of the world through your eyes. Thank you !

                                                                            2018

St. Peter’s College, Oxford (Oxford Trade Program) (1998)

Great article in today’s Washington Post about the new toxic global trade environment concerning political risks — involving national security, balance of power, domestic policies. Here are a few quotes.

• Investors and companies are facing the most complex global landscape in decades, as political conditions once regarded as enduring give way to profound and unpredictable change.

• To varying degrees, governments in the United States, Europe and China are all now emphasizing a greater economic role for the state. That means encouraging — and discouraging — specific commercial activities.

• We’re in a very difficult environment for multinational corporations, and look, I think we’re in a very difficult environment for companies that are based outside the United States to invest in the United States. The United States is also thinking of putting more restrictions on.

• The speed and scope of change is exceptional. Events that one could imagine that  they will never happen, they are happening one after the other.

 “Global Investors and Mounting Political Risks.” Washington Post (April 7, 2023).

Two really interesting pieces appeared today on the dramatic change in attitude toward global trade in the US, by both political parties. One in the Washington Post and the other in the Financial Times. Here are the salient excerpts.

“[Disenchantment over trade with China has fed wider disenchantment with global commerce itself; consequently, neither party actively supports new trade promotion agreements anymore.”

“The Most Underrated Political Story.” Washington Post (March 23, 2023).

“These interventions (new US economic legislation), targeting foreign and domestic companies, are nothing short of revolutionary in a US context. For decades, Democrats and Republicans have trusted market forces …. But the proposed measures, devised through the prism of national security policy must …  [have] rigorous safeguards.” 

“National Security is Shaping US Regulation.” Financial Times (March 23, 2023).

New article just published. New US legislation is more aggressive and raises a number of issues — involving national security, foreign policy and both domestic and international economics.

Malawer, “The US Trade Relations with China: Worrisome Developments in the US Law.’ 9 China and WTO Review 147 (March 2023).  (Archives V9N1 (07) (yiil.org))

Stuart Malawer Biographical Statement.