CHINA AND TRADE — Recent Articles in CHINA AND WTO REVIEW.

    

 

These are a few recent articles of mine appearing in a leading international journal published in Korea focusing on China, trade and the WTO.

 

Malawer, “Trump’s China Trade Policies: Threats and Constraints.” 3 China and WTO Review 109 (No. 1) (March 2017).

Malawer, “Trump Trade — One-Year — Belligerent Rhetoric but Still Unsettled.” China and WTO Review (March 2018).

Malawer, “Trump’s Tariff Wars and National Security — A Political and Historical Perspective,China and WTO Review (Sept. 2018).

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“Interview with Dr. Stuart Malawer – Excellence in International Law.” Journal of East Asia and International Law (Spring 2018).

 

International Lawyer Excellence Award (June 2018)

 

 

 

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GLOBAL TRADE AND THE U.S. — Some Op-Eds from the New York Law Journal (2011-2018).

    Global Trade

       Some of my articles (commentary) printed in the New York Law Journal (2011-2018).

 

Malawer, “Trump, Trade and National Security.” New York Law Journal (March 26, 2018).  

Malawer, “Looking at the Trans-Pacific Partnership.” New York Law Journal (December 8, 2015). 

Malawer “Confronting Chinese Economic Espionage with WTO Litigation.New York Law Journal (2014). 

Malawer, WTO Litigation and China.” New York Law Journal (2013). 

Malawer, “Chinese Corporate Investments & State Economic Development  in the U.S.” New York Law Journal (2011).

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U.S. in Global Affairs — U.S. and International Law — Op-Eds in the Richmond-Times Dispatch.

Law and World (Gavel)

     Some of my recent editorials /Op-Eds in the Richmond-Times Dispatch (2016-2018) on the U.S., global affairs and law.

 

Malawer, One Year In — Trump’s Trade Legacy,” Richmond Times-Dispatch (January 7, 2018). 
Malawer, “New Federalism, Foreign Affairs and Trump.Richmond-Times Dispatch (June 17, 2017). 
Malawer, “Trump, Trade and Virginia.” Richmond-Times Dispatch (Nov. 11, 2016).
Malawer, “Obama, Trade Enforcement and China.” Richmond-Times Dispatch (June 19, 2016).
Malawer, “US Global Tax and Global Trade.” Richmond-Times Dispatch (April 7, 2016). 
Malawer, “Is the Iranian Hostage Agreement Good Diplomacy and Law?” Richmond-Times Dispatch (January 31, 2016).

Some older ones …………….

         Malawer, “President Needs Fast-Track Authority.” Richmond Times Dispatch (Feb. 16, 2014).
         Malawer, “State Universities and Econ. Development.” Richmond-Times Dispatch (Jan. 29,  2012).
Malawer, “States Must Seek Direct Foreign Investment.” Richmond Times-Dispatch (June 19, 2011).
 

 

 

 

 

 

 

 

 

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New Article …. “Trump’s Tariff Wars.”

 

New article discussing President Trump’s tariff actions …………… Malawer, “Trump’s Tariff Wars and National Security — A Political and Historical Perspective,China and WTO Review (Sept. 2018).

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International Lawyer Interview — Stuart Malawer

Interviewed by the editor of the Journal of East Asia and International Law (Spring 2018) as its International Lawyer of distinction. Interview for International Lawyer.

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TRUMP’S CHILD SEPARATION POLICY AND INTERNATIONAL LAW.

 

Trump’s Immigration Policy of Separation of Children from Parents and International Law —- Illegal?

     Lot of international law recognizing rights of children have developed since German actions during World War Two and Japanese Internment by U.S. during the war. For example, the 1951 Refugees Convention which the U.S. ratified. The Supreme Court needs to revisit the disgraceful Korematsu Case of the 1940s and end this illegal policy, now.

    It’s an affront to American values and international legal standards by the U.S. president. Seems to place the President and the U.S. as violating both treaty and customary international law.

     The courts should step in. Such law is the Supreme Law of the Land under Article VI of the Constitution. Trump’s actions are judicially reviewable. Executive foreign policy or national security arguments are simply bogus.

 

                                                         German separations during World War II.

 

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Trump and an International Law Strategy — More Litigation?

    

Why is it that Qatar recently filed legal actions in both the World Trade Organization and the International Court of Justice to enforce its international legal rights (against the UAE blockade) and the Trump administration has filed no cases, whatsoever, in the ICJ and only 1 or 2 in the WTO concerning a myriad of perceived global grievances? 

     A number of cases have been filed against the U.S. in the both the WTO and in the ICJ and the U.S. has not responded by counter litigation.

   Wouldn’t filing such cases by the US be at least good optics supporting int’l litigation and judicial tribunals as a means of settling disputes rather than undiplomatic language, bluster, and unilateral threats?

     After all the U.S. was the primary architect of both the ICJ and the WTO which reflect U.S. exceptionalism and its defining adherence to a rules-based system and protection of rights by judicial mechanisms.    

   If you recall Iran recently filed a case against the U.S. in the ICJ concerning execution on its assets (of its central bank). This involved a case by private plaintiffs in U.S. domestic courts attempting to satisfy judgments against Iran for its acts of  international terrorism. Why hasn’t the U.S. responded by filing its own cases addressing a myriad of complaints against Iran?

    By the way even the Philippines filed a case against China over the South China Sea in the Permanent Court of Arbitration (which it won recently). Again why hasn’t the U.S. responded with its own case over law of the sea issues in the South China Sea?

     It seems to me that a legal strategy focusing on international tribunals is in the U.S. national interest. It is pursuant to historical American values of promoting the rule of law and reliance upon litigation to settle disputes. It would do wonders in giving U.S. diplomacy a firmer grounding in international law.

Of course, this would be a steep hill to climb by the Trump administration that has gone out of its way to terminate treaties, to lambast multilateral institutions and to almost totally neglect international judicial institutions.

    Nevertheless, such litigation would provide invaluable experience for the many lawyers in the U.S. Department of State before resigning and entering private practice.

 

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