Dr. Stuart S. Malawer, J.D., Ph.D. Distinguished Service Professor of Law and International Trade. George Mason University.


                                                              [Speakers for Spring 2022]



WTO." (Part I)



Video: "From GATT to WTO -- Achievements & Challenges.") (Online Video). (Outline),


Malawer, "Trade Agreements & Uruguay Round." U.S. LAW AND GLOBAL TRADE (Basic U.S. Approach to Trade Treaties -- # 47 - # 50,  # 60 - # 64).

Two good GAO studies on overview of congressional trade issues, policy formulation and trade remedies: GAO, "Trade Issues." 1-2 (Jan. 28, 2019); GAO "Policy Primer." 26-31, 38-43 (Jan. 29, 2019). A recent CRS study on global issues confronting the Biden administration,  "US Role on the World." Congressional Research Service (Jan. 19, 2021) and "Trump Administration Tariff Actions." (CRS) (December 2020). Good websites on updates ........... Council on Foreign Relations -- Trade  and Law360 Trade.





  • * How has the definition of trade changed from 1945 to today?
  • How has the coronavirus pandemic impacted trade today? On globalization? On global cooperation?
  • What has been President Trump's approach to trade policy? What appears to be President Biden's?
  • What is the basic approach to U.S. regulation of international commerce and making trade agreements?
  • * What is the growing role of trade policy as it relates to national security issues in the U.S.?
  • Why are global trade issues and globalization (WTO and the DSU in particular) becoming critical and central to both foreign policy and domestic politics?  
  • What are some questions concerning China's role in the WTO, the DSU and global trading system?
  • * What are the most important articles of the GATT Agreement and what do they provide?
  • * What are the main characteristics of the WTO system as it was established in 1995 at the conclusion of the Uruguay Round?  
  • What is the role of 'unanimity' ('consensus') as the governing principle for WTO decision-making?
  • What is the place of the WTO system within the larger international legal system? What is the role of the WTO in global governance?
  • What is the role of the dispute resolution system within the context of governance?
  • * What is the notion of a rules-based system where rules are negotiated and then adjudicated by the WTO?
  • * What is the most-favored nation principle (GATT Article 1) and the national treatment principle (GATT Article 3)? How are they related to the principle of non-discrimination?  
  • * What is the relation of the GATT to the Havana Charter and to the post-war economic system (IMF & World Bank)?
  • *What are the "Singapore Issues" and Singapore Agreements as involved in the Singapore Ministerial (1997)."
  • What are some of the most important existing and newer  trade issues today? Commercial cyberespionage (theft of intellectual property rights) and enforcement of intellectual property rights (IPR)? 
  • What is the role of the WTO in the trade enforcement policy of the U.S.?
  • *How would you explain the provisions of the GATT in terms of general rules and exceptions?

CLASS # 2 : ........ (Part II).



Malawer (2007) 282-443.

GATT (Articles 1, 3, 6, 16, 19, 20, 21) (Edited GATT 1947).


Malawer, "Trade Agreements & Uruguay Round." U.S. LAW AND GLOBAL TRADE (Basic, WTO Agreements & Non-Discrimination Principle -- #24-#28, #36-#37).

"World Trading System under Attack." The Economist (July 19, 2018).

Basics of Antidumping, Subsidies, Safeguards. (WTO website).


"Building Trade Walls (Tariffs)." New York Times (March 7, 2017).




Video: "To the Heart of the WTO (Brazil and Norway)." (Online video) (Outline)

"Harvesting Poverty." New York Times (Series of Editorials, 2003).


  • What is the impact of globalization on U.S. export and trade policies today?
  • What is meant by 'binding tariffs' and what are the range of tariffs as to tariff commitments? What is the issue of classification of tariffs?
  • * What are the GATT provisions governing dumping, subsidies, and safeguards? security exception?
  • * What are the articles of GATT governing export restrictions, exchange arrangements, export taxes, general exceptions?
  • * What was the unkept  promise of  Uruguay?
  • * How would you describe the agricultural issue within the Doha round and the WTO generally? 
  • What is the concept of the "multifunctionality of agriculture"?
  • What are the "three pillars" of agriculture negotiations?
  • Why did Doha fail?
  • What did Doha do concerning pharmaceutical patents and public health? What has Biden proposed as to the Covid vacine?
  • What issues are the developed countries primarily interested in at Doha / Bali and subsequently?
  • What about the Singapore issues?  
  • Will bilateral agreements and regional trade agreements (RTA) supplant the DOHA approach?
  • * What about greater reliance on "plurilateral agreements over multilateral ones? Such as the new Information Technology Agreement [ITA] (as a sectorial agreement with limited membership)? What about the Trade Facilitation Agreement (TFA)?
  • What is the future of the WTO and multilateral trade negotiations after Bali, Doha, Trump and now Biden? 
  • What is the relation of the U.S. values and legal and institutional influences on the global trading and indeed global system today?
  • What is the future of this global trading system, which the U.S. was the architect for, and based on the U.S. proposals ("rules of the road" and institutions)? Who is challenging them and what about U.S. policy concerning them today?   What needs to be done?






Malawer (2007) 213-247, 308-327 (Articles 3, 19, 21, 22).


Video: "Solving Trade Disputes." (Venezuela Gasoline Case and Japan Records TRIP Consultation) (Online video) (Outline).

Malawer, "World Trade Organization & Dispute Resolution." #23 - #40 (Basic Provisions and Procedures),   #41-58 (Observations).

Malawer, "US - China Litigation 2001-2015." IL Practicum (2015).

"China in the WTO -- More Clout." Wall Street Journal (January 25, 2021).




DSU (Edited).

DSU -- Statistices (1995 - 2020).





New WTO  China v. U.S. Case --- "U.S. Wins Section 201 Case ('Safeguards) Case Brought by China Concerning Solar Panels." WTO News (Sept. 2, 2021).




  • *What is the significance of the U.S. - Venezuela Reformulated Gasoline Case (1996)
  • *What is the impact of decisions of the panel or Appellate Body (DSU Article 19)? What is the relevance of this to sovereignty?
  • * What is the nature of sanctions under the DSU (DSU Articles 22)?
  • What is the role of developing states in the DSU over the last 25 or so years?
  • What were the expectations of the WTO members concerning the DSU in 1995?  Have they been met? What are they today?
  • *What are the major procedural stages in litigation within the DSU?
  • *How are sanctions authorized?
  • What role does the WTO have concerning export restrictions?
  • What is the impact of litigated decisions in the WTO system? What is the role of precedent in the dispute resolution system?
  • *What does the record of China's litigation in the WTO indicate about China's compliance with trade rules and DSU decision? What about trade relations with the U.S?
  • *Why hasn't a case been filed concerning Yuan valuation? What's the significance of a lower Yuan exchange rate on Chinese export  prices? What has been the issue of currency valuation in trade relations generally and as of today? 
  • What is the issue of 'sovereignty' under the DSU?
  • What has been the Trump administrations experience with DSU litigation during its term?
  • What was the Trump administration's position concerning the Appellate Body and the DSU? 
  • What suggestions have been made to overcome the below quorum AB caused by the Trump administration oppostion to it? Provisional arbitration? What has been Biden's position concerning the WO and its dispute resolution system?

Class # 4 ........ (PART II).





Malawer (2007) 443-675, 788 - 890.


Malawer, "U.S.-China Litigation in the WTO (2001-2014)." International Law Practicum (2014). 

"Dispute Settlement Activity -- Some Figures. (1995-2020)" WTO website

"Section 232 Investigations Program Guide." (BIS, Dept. of Commerce) (2007).

Malawer, "Trump, Trade and Federal Courts." 5 WTO and China Review  No. 2 at 417 (Sept. 2019).

"WTO Appeals Filed 19950 -  2020 (from Original Panel)." AB Annual Report 2019-2020 (July 2020).

"New WTO Director-General and Challenges Ahead." New York Times (Feb. 17, 2021).

New Pending US - China WTO Cases (2015-2021):

Note on American Sovereignty and the DSU:




  • * Is the litigation approach (as opposed to negitiations) becoming too predominant? How is the DSU different from traditional arbitration? 
  • *What is the role of diplomatic negotiation in the dispute resolution process? 
  • *Has the negotiation of new rules by the WTO been surpassed by the dispute resolution system?
  • What has been the history of U.S. trade litigation in the WTO?
  • *What has been the experience of Chinese trade litigation in the WTO and especially with the U.S.? Has China implemented the recommendations? How active has China been in the litigation process?
  • Have recent WTO actions been mostly politically driven by domestic considerations in both China and the U.S.?
  • What are some suggestions to revise the dispute resolution system?
  • What is the suggestion concerning arbitration -- 'Multiparty Interm Appeal' by the EU?
  • *What is the significance of the U.S. filing of  actions against China in the WTO (2007-2021) in terms of U.S.-China trade relations? What is the significance of the history of cases filed and the number of appeals? 
    • What will be the impact on U.S.-China trade relations generally? 
    • What has been China's response? How successful has it been?
    • What has been the impact of U.S.-China trade relations in U.S. foreign policy generally?
    • What has been the role of different U.S. business sectors (interest groups and lobbies) on U.S.-China trade policy? Which interest groups and corporate sectors?
  • *What issues do State-Owned Enterprises (SOE) and "non-market economies" pose in subsidy cases? What about non-market status /market status in dumping cases?
  • What is the issue of 'zeroing' in anti-dumping cases?
  • What are the newer cases filed by the U.S. and China? What is the 'Security Exception" (Article XXI) and as to 'essential security interests'? As to possible litigation by a state against trade sanctions? By a state relying on cyberespionage?




Malawer (2007) 239-256, 251-260, 675-683, 739-754, 1040-1203, 1205-1290.

"National Security and Article XXI -- Ukraine v. Russia WTO Case (2019)." Mayer/Brown (April 8, 2019).






              (2005 / 2022).




















 "Digital Trade -- USTR Fact Sheet." USTR Website (April 2017).
 "Trade Symposium -- Trade Remedies and the WTO." (Council on Foreign Relations) (Oct. 2017).



  • * What is the role of the U.S. International Trade Commission and the International Trade Administration (ITA) in determining trade remedy cases in the U.S.? What is the Court of International Trade?
  • In what sense does the DSU 'override' the ITC / ITA and what is this impact on 'US sovereignty'?
  • * What are the main provisions of the Antidumping Agreement? How is dumping determined?
  • * What are the main provisions of the Subsidies Agreement
  • *What are the various subsidies? 'Actionable' subsidies and 'prohibited' subsidies (export subsidies)?
  • How are subsidies determined?
  • * What is the "Illustrative List of Export Subsidies"?
  • Which are the most used?
  • * What does the GATT state as to export restrictions?
  • * What is the importance of "commitments" to the Services Agreement (GATS)? How is this different from the GATTS? 
  • * What are the main provisions of the Safeguard Agreement? When  safeguard relief allowed? 
  • What has been the recent use of the above national trade remedy actions globally?
  • What is the legality under the WTO of proposed U.S. legislation considering currency devaluation in determining an export subsidy (a "prohibited subsidy")? Under Article XV ("Exchange Rates")? What does Article XV say about 'coordination' and 'frustration'?
  • *What is the distinction between “fair” and “unfair” trade legislation? What are three major import relief actions? 
  • *What U.S. agencies are involved in trade remedy enforcement? What determinations do they make as to A/D and CVD?

  • What is the significance for trade policy of market access enforcement?

  • *Is Section 301 consistent with the U.S. WTO obligations? What is the difference between the mandatory and discretionary authorities within Section 301?

  • *What is the significance of Section 337 actions (intellectual property rights and imports) and how are the possible violation of the national treatment principle?

  • What is the "mandatory and discretionary (unjustifiable and unreasonable)" aspects of Section 301 Retaliation?

  •  How active are foreign countries in their trade remedy enforcement in their agencies? 

  • What is the status of tax deferral on export income under the Subsidies Code / Illustrative List (Annex I)?





GUEST SPEAKER -- BART FISHER JD, PhD. (Guest Lecture) ----- "Various Topics: U.S. - China Trade Relation  ('Decoupling') / Biden's Trade Challenges / Ukraine-Russia (2022)."

                      New website -- China Trade Monitor (Simon Lester).


  • What is meant by 'decoupling' of  US - China trade relations? 
  • What about Biden's proposals concerning various supply chanins?
  • What have early actions by the Biden administyration indicate as to Trump's tariffs and new sanctions concrning human rights?
  • What was the consensus on admitting China to the WTO in 2001 and what seems to be the consensus today? Any change from the initial view and why?

CLASS # 7: .......... (PART II).



GUEST SPEAKERS -- SIMON LESTER AND HUAN ZHU  both (formerly with the Cato Institute, Center for Trade Policy) and now with new website -- China Trade Monitor.  See also


      "CHINA AND WTO CASES (2001-2022)."

         Huan Zhu. CHINA WTO CASES (March 2022).



  • What has been the record of China in the dispute resolution system?
  • Does it seem reasonable to assume the Biden will reverse Trump's policies to the WTO and as to the AB?
  • What have been the various proposals to reform the negotiating and litigation functions of the WTO?
  • What seems to be Biden's strategy in dealing with China-US trade relations?



(No Class 3.15.22) 3.22.22


Peter Watson, LLB, DCL, Formerly Chairman of the U.S. International Trade Commission and with the National Security Council (Asian Affairs) -- "Interagency Decisionmaking and Ukraine and Trade."

"Trade Sanctions (US as Sanction Happy)." Foreign Affairs (Sept-Oct. 2021).

"New Treasury Report on Sanctions -- To Scale Back." Wall Street Journal (Oct. 19, 2021).

"E-Commerce / Digital Taxation and OECD (Yellen)." Washington Post (March 16, 2021). 

Kevin Fandl, "Who Won the US - China Trade War?" Podcast (February 18, 2021).


    • What are Biden's proposals concerning global supply chains?
    • Why are global supply chains now considered an international economic and national security issue?
    • What is the likelyhood that global supply chains will be changed?
    • What are the different interests of the US government and US multinationals? Especially concerning China?









Constitution Edited.  

Malawer, "Trump's' Foreign Policy and the New Federalism."  Richmond-Times Dispatch (June 17, 2017).

Malawer, "US Global Tax and Global Trade."Richmond-Times Dispatch (April 7, 2016).

Malawer, " Richmond-Times Dispatch (Nov. 11, 2016).
U.S. v. Curtis-Wright (S. Ct. 1936) (Separation of Powers / Delegation).
Youngstown Case (S. Ct. 1952) (Separation of Powers / Delegation).

 Yoshida Case (Customs Appeal 1974) [(Delegation and TWEA 5(b)].   

 Algonquin Case (S. Ct. 1976) (import fees and Sec. 232b).
Consumers Union v. Kissinger (D.C. Cir. 1975) (Separation of Powers and Delegation).
Burma Trade Sanctions Case (S. Ct. 2000) (Federalism and Preemption).



  •  * What is the principle of federalism and how does it relate to trade policy and the role of states in global trade?  

  •  * What is the "principle of  preemption"? What is significance of the "Supremacy Clause" (Article VI) concerning federal law and state law?

  •  * What is the doctrine of separation of  powers? What is the principle of delegation of authority?

  • How do the these above concepts relate to the powers of the Congress and the President in the formulation and conduct of trade relations?  

  •  * What is Article 1, Section 8, Clause 3 as to the power of Congress?

  •  * How are formal treaties and executive agreements different? How are they federal law (Constitution & precedent)?

  •  * What is “fast track authority” or “Trade Promotion Authority”?

  • What is the dual nature of trade agreements  as to international obligations and domestic law?  

  • What is the role of states in global trade and their status under international trade rules"? Can states impose trade and financial sanctions impacting global commerce?

  • What is the notion of commercial diplomacy? How do states engage in this?



CLASS # 11: "EXTRATERRITORIALTY OF TRADE RULES -- Antitrust & Sovereign Immunity/ Act of State Doctrine/ Alien Tort  Statute." (PART I).


Guest Speaker -- Eric Yong Lee, Director of the YIJUN International Law Institute (Korea) and Editor of "China and WTO Law" -- Impact of Ukraine on China and Asian Relations."

               "Ukraine Crisis." (PowerPoint) (April 2022).

U.S. v. Alcoa (2d Cir. 1945) (Extraterritoriality). 


"Daimler v. Bauman." S.Ct. 2014) (Parent / Subsidiary/Affiliate).

"Kieble v. Royal Dutch Shell." (S.Ct. 2013) (Alien Tort Statute) ("sufficiency force" requirement and corporate defendant).

* "Foreign Sovereign Immunities Act" (1976). (General Rule and Exceptions)
Note: 'Act of State Doctrine,' Sabbatino Case (1964) and 'Sabbatino Amendment' (I.L. Violation and Expropriations).


  •   * What is the issue of "multijurisdictional world" and "global transactions"?

  •  What U.S. legislation is applied extraterritoriality

  •   * What is extraterritoriality what is the "presumption of  territoriality"? What is the "presumption against extraterritorialty" of legislation?

  •   * What is the "effects principle"? What is the "reasonableness principle"?

  •   What is the difference between operating through a "branch" as opposed to a "subsidiary"?

  • * What are the facts of the Alcoa Case (1945) and the legal principles it relied upon and established?

  • *What has the OECD and the EU done in the area of restrictive practices and competition rules?

  •  *How were these type of issues treated by the ITO ? Havana Charter in 1947? Singapore Conference & Doha?

  •   How is competition treated under the WTO agreements?  

  •   What is the current status of competition rules within the WTO?  

  •   What are other examples of extraterritorial application of U.S. economic legislation?

  • What has the recent Supreme Court decisions stated at to the extraterritoriality of the securities legislation (fraud)? 
  •  * What has China done recently concerning its new antitrust regime?
  • * What is the general rule and the exceptions to sovereign immunity under the Foreign Sovereign Immunities Act? What is the impact of this on incorporation of international human rights as U.S. law?
  • What other sanction laws apply to international human right violations?
  • What is the Act of State Doctrine and the Alien Tort Statute and how do they apply to bringing foreign actions into the U.S. courts?
CLASS # 12: ............... Foreign Corruption, Reexport Controls, Trade Sanctions and Mergers (CFIUS). 
Guest Speaker -- Todd Haymore, "Virginia and States in the Global Economy.," (Former Secretary of Commerce and Trade for the Commonwealth of Virginia.






     World Bank and Corruption. (website).
*U.S. LAW AND GLOBAL TRADE #17-#20, #38-#44, # 54 (2017).


 Malawer, "Global Mergers and National Security." (VL 2010).

 "CFIUS and FIRRMA and China." LAWFARE (Nov. 13, 2017).

  "Revamping CFIUS." (Hofbauer) (PIIE Dec. 1, 2017).

Export Controls. (threat to foreign policy and national security)
 (Commerce Dept.)

International Emergency Economics Powers Act.  ("extraordinary threat to national security or foreign policy") (Treasury Dept.).





  •  *What are some of the issue concerning multinational corporations and U.S. taxation? What is the related issue of 'bank secrecy'?
  • What has been the role of the OECD in addressing global tax avoidance and what has it drafted recently? Minimum tax rate and taxation of actual place of economic activity?

  • If foreign policy is increasingly including issues of trade  sanctions how can the President diplomatically negotiate agreements when trade sanctions are within the purview of the Congress? (Think about the Iranian negotiations over sanctions and nuclear development and the recent diplomatic recognition of Cuba.)

  •  * How has the Corrupt Practices legislation been "globalized" by the OECD?

  • Why has the Dept. of Justice been so active in prosecuting global price-fixing cases, violations of the Foreign Corrupt Practices Act, and other money laundering cases?

  •  * What has been the success of the U.S. in attacking foreign banks as to encouraging tax avoidance and conspiring to fix LIBOR and FOREX?

  •  * Why is corporate and government corruption bad for economic development? What is the relation of bank secrecy, tax avoidance, and official corruption?

  •  * Why are trade sanctions, export controls / reexport controls and boycott legislation applied extraterritorially? What is the impact on U.S. competitiveness? 

  •  * What is the issue of concerning U.S. worldwide taxation principle and trade involving U.S. firms and multinationals? What is the issue of transfer-pricing?

  • Why are "private trade actions" by corporations now viewed as important as "government trade restrictions" that ought to be regulated by global trade rules under the WTO?  

  • Why are cross-border mergers increasing? Why have companies from India, China and the UAE becoming so active?

  • *What is the relation of cross-border mergers to foreign direct investment?

  •   *What has been the reaction of the U.S. and other countries concerning national security and restricting foreign takeovers and foreign investment (particularly under CFIUS)? What about Chinese companies? What have been recent U.S. actions concerning this?

  •   What is the impact of growing commodity and natural resource competition worldwide on global mergers and transactions?

  • What about MNC tax avoidance and use of offshore tax havens by individuals?
  • * How are bilateral investment treaties (BIT) utilized to increase direct investment? What are some of the basic provisions within these agreements?




Guest Speaker -- Jeff Joseph (Former Vice President of the U.S. Chamber of Commerce) ,,,, "Trade / International Business and Political Risk Analysis Today -- After Ukraine." (Guest Lecture).



    • In what way is U.S. corporate international tax rules extraterritorial?
    • What are Biden's major proposals concerning taxation of foreign source income of U.S. multinationals?
    • What have been major aspects of  Biden's economic sanctions policy so far? Russia? China?
    • What is the role of the OECD concerning developing global tax rules?





  • What are the trade challenges facing the Biden administration?
  • What are the arguments for and against TPA (Fast Track), TPP and TTIP?
  • What is the assessment of Trump's tariff war and related actions in the WTO? As to GATT Article XXI?
    What are the possible hallmarks of Trump's trade policies as to trade liberalization, trade enforcement, existing treaties and proposed ones? What are his powers under existing legislation and treaty authority and what are prospects in Congress?
  • To what extent does the Trump administation use the rationale of natioal security as cover for unilateral and restrictive trade practices?
  • What are the dispute resolution procedures in the TPP regarding inter-state trade disputes and investor-host state investment disputes (ISDS)?
  • What trade measures can be used to counter economic cyberespionage?
  • What are some of the newer issues now included in the trade debate? Aspects of the digital economy? Internet controls?
  • What are the dimensions of the trade debate, within the parties and between them?
  • What future trends will impact the development of new rules governing global trade and the role of the WTO?
  • What are the relationships and tensions between national security and trade relations?
  • What are these implications on global governance and the emergence of a new global architecture for global and transnational economic relations?
  • Why do proponents of refining the financial system want to get investment into  the WTO?
  • How has the WTO rules-based system restricted new protectionist measures during the global financial crisis?
  •  What policies should the U.S. and the WTO pursue to ensure further a rule-based system and greater global governance? In terms of negotiations and litigation?
  • Is 'Ukraine' a transformational event in terms of the future of global commerce?

                                                     (GUEST SPEAKERS ---SPRING 2022)

Recent Speakers ......



Francisco Sanchez, former U.S. Undersecretary of Commerce for international Trade in the Obama administration. ... "Trade Remedies, Global Trade & Investment Issues."



General Mike Hayden. former Director of the CIA and NSA. ... "Cybersecurity & Trade Sanctions."
Paul Grossman, Virginia International Trade Director ......... "Virginia & the Global Economy."
Todd Haymore, Virginia Secretary of Agriculture ................. "Virginia & International Trade."




Bart Fisher, J.D., Ph.D., international  trade lawyer and political strategist ..... "Historical Trade Anger and the U.S Presidential Campaign."

Peter S. Watson, J.D., Ph.D., is the former Chairman of the U.S. International Trade Commission, former President of OPIC, and former National Security Adviser on Asia in the White House.