Terence P. Stewart

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  • Managing Partner at Stewart and Stewart (13 Attorneys)
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Attorney Awards

Biography

Selected to the Washington DC SuperLawyers List, 2007-2018; Selected for inclusion in Top 100 Washington, DC SuperLawyers, 2013-2018; Selected for inclusion in Top 10 Washington, DC SuperLawyers, 2016; Selected to the Best Lawyers in America (International Trade & Finance Law) List, 2011-2018; Selected as a 2016 recipient of the Lifetime Achievement Award from the Customs & International Trade Bar Association (November 21, 2016); Adjunct Professor, Georgetown University Law Center, 1995-2012; Honorary Degree, Order of Merit of the 3rd Degree, Government of Ukraine, August 18, 2009; Honorary Doctorate: Ukrainian Academy of Foreign Trade, December 1999; Honorary Doctorate: Institute of Europe, Russian Academy of Sciences, October 2000; Committee to Support U.S. Trade Laws, President, 2014-2016; Founding Member, U.S., Court of International Trade Historical Society, 2004-; Treasurer, 2005-2015; Member: Federal Circuit Historical Society, 2003-2014; Board of Directors, 2007-2014; Vice President, 2013-2014; Board of Directors, Libbey, Inc., 1997-2014; Member, Nominating and Governance Committee, 2001-2003; Chairman, 2003-2004; Audit Committee, 1998-2001; Member, Refugee Voices, 1993-1995; Member (former), Council for Business Education of the Chamber of Commerce and Industry of the Russian Federation; Technical Advisor to the Governmental Commission on Ukraine's GATT Accession (1994- 2004); Member (former), Scientific Council, Foreign Trade, Ukraine Economic Journal; Russian American Chamber of Commerce, 1993-1995; American Society of International Law, 1993-1999; U.S.-Africa Chamber of Commerce Member, 1992-1995; Board of Directors, 1992-1995; Vice President, 1994-1995; Member, Council of Advisors, U.S. Court of Appeals for the Federal Circuit, 1999-2010; Ex-Officio, 2012-2014; U.S. Court of International Trade, Member: Advisory Committee on Jurisdiction, 2000-2004; Advisory Committee on Rules, 1989-1998; Chairman, 1993-1998; Member, 1989-1998; Chairman, Planning Committee, Sixth Annual Judicial Conference, 1989; Editor: “The Publication Trans-Pacific Partnership: A Side-by-Side Comparison with: The United States-Colombia Trade Promotion Agreement of 2012 the United States-Korea Free Trade Agreement of 2012, and The United States-Peru Free Trade Agreement of 2012,” Chapters 1-29 (2016); "WTO DOHA Negotiations Draft Texts Services, Domestic Regulation Through April 21, 2011," Text: Side-by-Side Comparisons, Stewart and Stewart (June 2011); "WTO DOHA Negotiations Draft Dispute Settlement Negotiating Texts Through April 21, 2011," Text: Side-by-Side Comparisons, Stewart and Stewart (June 2011); "WTO DOHA Negotiations Draft Trade Facilitation Negotiating Texts Through April 21, 2011," Text: Side-by-Side Comparisons, Stewart and Stewart (June 2011); "WTO DOHA Negotiations Draft Rules Negotiations Antidumping Texts Through April 1, 2011, Text: Side-by-Side Comparisons, Stewart and Stewart (May 2011); "WTO DOHA Negotiations Draft Agriculture Texts Through April 21, 2011," Text: Side-by-Side Comparisons, Stewart and Stewart (May 2011); "WTO DOHA Negotiations Draft Non-Agricultural Market Access Texts Through 3 April 21, 2011," Text: Side-by-Side Comparisons, Stewart and Stewart (May 2011); "Opportunities and Obligations: New Perspectives on Global and US Trade Policy," Kluwer Law International (Fall 2009); "Comparison of the Agreement on Implementation of Article VI of the General Agreement on Tariffs and Trade 1994, the Agreement on Subsidies and Countervailing Measures and Draft Consolidated Chair Texts of the AD and SCM Agreements TN/RL/W/213," 30 November 2007; "New Draft Consolidated Chair Tests of the AD and SCM Agreements TN/RL/W/236, 19 December 2008," Text: Side-by-Side Comparisons (January 2009); "WTO DOHA Negotiations Draft Non-Agricultural Market Access Texts Through July 10, 2008," Text: Side-by-Side Comparisons, Stewart and Stewart (July 2008); "WTO DOHA Negotiations Draft Services Texts Through July 17, 2008 Text: Side-by-Side Comparisons," Stewart and Stewart (July 2008); "WTO DOHA Negotiations Draft Agriculture Texts Through July 10, 2008 Text: Side-by-Side Comparisons," Stewart and Stewart (July 2008); "Comparison of Agriculture Texts: DOHA Work Programme (WT/L/579), Hong Kong Ministerial (WT/MIN/05/Dec.), Draft Possible Modalities for Agriculture (TN/AG/W/3), Revised Draft Modalities for Agriculture (TN/AG/W/4 and CORR.1), Chairperson's Working Documents 1-19, Revised Draft Modalities for Agriculture (TN/AG/W/4/REV.1), and Revised Draft Modalities for Agriculture (TN/AG/W/4/RE.2)," Stewart and Stewart (May 2008); "The World Trade Organization's DOHA Development Agenda - The DOHA Negotiations After Six Years: Progress Report at the End of 2007," Rules Negotiations, Stewart and Stewart (January 2008); "The World Trade Organization's DOHA Development Agenda - The DOHA Negotiations After Six Years: Progress Report at the End of 2007," Services, briefing paper on Multilateral Trade Negotiations, Stewart and Stewart (January 2008); "The World Trade Organization's DOHA Development Agenda - The DOHA Negotiations After Six Years: Progress Report at the End of 2007,"Non-Agricultural Market Access, briefing paper on Multilateral Trade Negotiations, Stewart and Stewart (January 2008); "The World Trade Organization's DOHA Development Agenda - The DOHA Negotiations After Six Years: Progress Report at the End of 2007," Agriculture, briefing paper on Multilateral Trade Negotiations, Stewart and Stewart (January 2008); "The World Trade Organization's DOHA Development Agenda - The DOHA Negotiations After Six Years: Progress Report at the End of 2007," Trade Facilitation, briefing paper on Multilateral Trade Negotiations, Stewart and Stewart (January 2008); "The World Trade Organization's DOHA Development Agenda - The DOHA Negotiations After Six Years: Progress Report at the End of 2007," Dispute Settlement, briefing paper on Multilateral Trade Negotiations, Stewart and Stewart (January 2008); "Comparison of the Agreement on Implementation of Article VI of the General Agreement on Tariffs and Trade 1994, the Agreement on Subsidies and Countervailing Measures and Draft Consolidated Chair Texts of the AD and SCM Agreements TN/RL/W/213, 30 November 2007," Stewart and Stewart (December 7, 2007); The GATT Uruguay Round: A Negotiating History (1986-1994), Vol. IV: The End Game (Part I), Kluwer Law International, 1999; "WTO (The World Trade Organization); The Multilateral Trade Framework for the 21st Century and U.S. Implementing Legislation," American Bar Association, 1996; "The States and the WTO: A Summary," Stewart and Stewart, Washington, D.C., March 1995; "Export Practice: Customs and International Trade Law," Practicing Law Institute, Spring, 1994, Supplement 1998; The GATT Uruguay Round: A Negotiating History (1986- 1992), Kluwer Law & Taxation Publishers, Volumes I, II & III, 1993; The GATT Uruguay Round: A Negotiating History (1986-1994), Vol. IV: The End Game (Part I), Kluwer Law International, 1999; Co-Editor: P. Pescatore & Stewart and Stewart (A. Dwyer), "Handbook of WTO/GATT Dispute Settlement," Martinus Nijhoff Publishers, 2001- (looseleaf) Author: Terence P. Stewart, “China, 301, and the Search for Reciprocity,” Paper presented to the Global Business Dialogue (April 25, 2018); Terence P. Stewart, “Can The WTO Be Saved From Itself?: Not Without A Major Crisis, And Possibly Not Even Then,” Paper presented to the Washington International Trade Association (WITA) (April 13, 2018); Terence P. Stewart, “The Broken Multilateral Trade Dispute System,” Paper presented to the Asia Society Policy Institute (February 7. 2018); “Disputed Court: A Look at the Challenges to (and from) the WTO Dispute Settlement System,” Paper presented to the Global Business Dialogue, Terence P. Stewart, (December 20, 2017); "The Changing Nature of the World Organization: From a Negotiating Forum to Legislating through Dispute," chapter in "A Revolution in the International Rule of Law: Essays in Honor of Don Wallace, Jr.," Juris Publishing, Inc. (2014); "Advancing the U.S. Trade Agenda: The World Trade Organization'" Written Statement at Hearing Before the House Ways and Means Trade Subcommittee (July 16, 2014); "The Urgent Riddle: Trade & the Crisis in the Ukraine," paper presented at the Global Business Dialogue Inc. Member's Luncheon (March 28, 2014); "Trade Promotion Authority: Comparison of Title XXI of The Trade Act of 2002, 116 Stat. 993 et seq. and H.R. 3830 and S. 1900, Bipartisan Congressional Trade Priorities Act" (introduced January 9, 2014); "Trade Remedy Actions by WTO Members: A Cause for Concern or a Reflection of Improved Market Access," 8 Global Trade and Customs J. 159 (2013); "Evaluating China's Past and Future Role in the World Trade Organization, Panel IV - Recommendations for Future U.S.-China Relations Within the WTO," Testimony of Terence P. Stewart Before the U.S.-China Commission, Public Hearings, Washington D.C. (June 9, 2010); "Rare Earth Minerals and 21st Century Industry." Testimony of Terence P. Stewart Before the U.S. House of Representatives Committee on Science 4 and Technology, Subcommittee on Investigations and Oversight (March 16, 2010); "China and Trade: Critical Issues in 2010," paper presented at the Georgetown University Law Center's International Trade Update, (February 2010); "The Global Food Crisis Continues: The Imperative for Long- Term Solutions," chapter in "Opportunities and Obligations: New Perspectives on Global and US Trade Policy," Kluwer Law International (Fall 2009); "China's Industrial Policy and Its Impact on U.S. Companies, Workers and the American Economy," paper presented at a Hearing Before the U.S.-China Economic and Security Review Commission (March 24, 2009); "The Year in Review at the WTO and WCO," paper presented at the Georgetown University Law Center's International Trade Update (March 5, 2009); "The Food Crisis: A Survey of Sources and Proposals for Preventing a Global Catastrophe," paper presented at the Global Business Dialogue Inc. (June 12, 2008); "China's Support Programs for Selected Industries: Wood and Wood Products," Patent Reform Legislation: Issues of Relevance to U.S. International Trade Interests, Stewart and Stewart (August 27, 2007); "China's Support Programs for Selected Industries: Textiles and Apparel," Trade Lawyers Advisory Group, (June 2007); "China's Industrial Subsidies Study: High Technology," Volume 1: Report; Volume 2: Exhibits, Trade Lawyers Advisory Group, (April 2007); "U.S. Trade Remedy Laws - Too Weak? Unfair? Outdated?: Views of a Petitioner's Counsel," Presented at a Washington International Trade Association (WITA) Panel Discussion (April 18, 2007); "The Importance of Trade Remedies to the U.S. Trade Relationship with China - Challenges Facing the Use of Antidumping Law: A Critical Period for the Administration and Congressional Action," A Report to the U.S.-China Economic and Security Review Commission, Trade Lawyers Advisory Group (May 16, 2005), an Updated Report Prepared (July 20, 2005); "The Ongoing Global Trade Talks Latest Decision," 17 Mich. Int'l Lawyer 1 (Winter 2005), reprinted in 26-28 China WTO Tribune (June, July, August 2005 Chinese translation); "Any Change To China's Non- Market Economy Status Must Be Based on the Criteria Specified Under U.S. Antidumping Law," Position Paper Prepared for the U.S.-China Economic and Security Review Commission, Trade Lawyers Advisory Group (August 18, 2005); "Developments in DSU Negotiations to Address WTO Panel and Appellate Body Overreaching," ABA Int'l. L. News 10 (Spring 2005); "China and the Doha Development Agenda: What Should China Be Seeking?" 23 China WTO Tribune 20 (March 2005, Chinese translation); "The Ongoing Global Trade Talks Latest Decision - An Initial Assessment of the WTO's General Council Decision of August 1, 2004" (August 9, 2004); "U.S. Trade Laws: Current Challenges in the World Trade Organization," Stewart and Stewart, Washington, D.C. (April 2003); "After Doha, The Changing Attitude & Ideas of the New WTO Round," Transnational Publishers, Inc., 2002; "WTO Compliance and Sectoral Issues, Panel II - WTO Commitments: Prospect for China's Compliance," Testimony of Terence P. Stewart Before the U.S.-China Commission, Public Hearings, Washington, D.C., January 18, 2002; "Evolution of Judicial Review in Trade and Customs Cases in the Court of Appeals for the Federal Circuit," The Federal Circuit Bar Journal, Third Bench and Bar Conference, Vol. II, No. 3, 2001; "Trade Jurisprudence at the Federal Circuit: Capable of Raising a Question, Yet Avoiding Inconsistent Views," The Federal Circuit Bar Journal, Third Bench and Bar Conference, Vol. II, No. 3, 2001; "The Byrd Amendment: Correction or Mistake For Trade and the Trading System," Statement of Terence P. Stewart, Global Business Dialogue Colloquium, Washington, D.C., January 18, 2001; "The Continued Dumping and Subsidy Offset Act of 2000 - An Important New Law," Statement Before the Global Business Dialogue, Inc.'s Colloquium, National Press Club (January 18, 2001); "The Continued Dumping and Subsidy Offset Act of 2000 - It's About Time," Statement Presented at the WITT Wide Breakfast, The Washington Hotel (January 17, 2001); "The American Cattle Industry in Crisis: Restoring Hope and Fairness to Rural America," Proposals by R-Calf (February 2000); "The Cattle Industry in America: Portrait of an Industry in Crisis," A Report Prepared for Ranchers-Cattlemen Action Legal Fund by Stewart and Stewart (February 2000); "The Cattle Industry in America: Portrait of an Industry in Crisis - The View from Elected Officials," (February 5 2000); "United States Japan Economic Disputes: The Role of Antidumping and Countervailing Duty Laws," 16(3) Arizona Journal of International & Comparative Law (Fall, 1999); "Dealing with the Fallout of Foreign Economic Dislocations Under the Antidumping and Countervailing Duty Laws," Georgetown University Law Center's 13th Annual International Trade Update (December 10, 1998); "Unfair Trade Practices and the Integration Process of the American Continent - A Perspective from a U.S. Practitioner," The Institute of Legal Research of the National Autonomous University of Mexico and the Unit of International Trade Practices of the Ministry of Commerce (SECOFI), Mexico City, Mexico, July 9, 1998; "Why Anti-Dumping Laws Need Not Be Cloned After Competition Laws Nor Replaced by Such Laws," Centre for Applied Studies in International Negotiations Anti- Dumping and Competition Policy, Geneva, Switzerland, July 11-12, 1996; Chapter 2, "The Uruguay Round Agreements Act: An Overview of Major Issues and Potential Trouble Spots," in The World Trade Organization - The Multilateral Trade Framework for the 21st Century and U.S. Implementing Legislation, ABA Section of International Law and Practice, 1996; "Overview of the Uruguay Round of Trade Negotiations," Russian Chamber of Commerce and Industry Conference on GATT/WTO, October 1995; "The GATT, the WTO and the Uruguay Round Agreements Act: The Countervailing Duty Law and the Subsidies Code: A Domestic Counsel's Perspective," Practicing Law Institute Seminar, September 1995; "Recent Developments in Administrative Practice: A Practitioner's Perspective on Anti-circumvention, Protective Orders and Verification" in The Commerce Department Speaks on International Trade and Investment 1994, Vol. II at 365-504, Practicing Law Institute, October 1994; "The Development of U.S. Anti-Circumvention Law," The 1994 International Trade Update, GULC Continuing Legal Education Seminar, June 1994; "Overview of the Uruguay Round of Trade Negotiations," Before State Conference on Ukraine's Accession to GATT and the World Trade Organization, May 1994; "The Important Function of Antidumping Laws," International Economic Insights, Institute for International Economics, Vol. IV No. 6 at 46-48 (Nov.-Dec. 1993); "Introduction and Overview," chapter in The GATT Uruguay Round: A Negotiating History (1986-1992), Vol. I at 1 - 123, Kluwer Law & Taxation Publishers, 1993 (also available as an offprint); U.S. International Trade Performance and Outlook: Competitive Position in the Automotive, Aerospace, and Chemical and Pharmaceutical Sectors: Hearings Before the Subcommittee on Trade of the House Common Committee on Ways and Means, 102d Cong., 2d Sess., at 659-667, (March 11, 23, 30, 31 & April 7, 1992) (Serial 102-91), 1991; "Administration of the Antidumping Law: A Difference Perspective" in Down in the Dumps - Administration of the Unfair Trade Laws, Brookings Institution, 1991; "The Administration of Justice - The Responsibility of Bench and Bar: Evaluating the Fairness of Litigation: Preliminary Injunctions in Unfair Trade Cases: A Need for Reassessment of Existing Practice," Fifth Annual Judicial Conference of the U.S. Court of International Trade, 1988; "Computerized Data in Trade Cases: Legal Issues and Practical Questions for a Domestic Participant," Practicing Law Institute, 1987; "Judicial Oversight - Relations Between the Court and the Agencies: Judicial Review of Commerce Department Determinations in Antidumping and Countervailing Duty Cases, Finality and Exhaustion: Agency Interpretation Out of Step With Judicial Precedent," Third Annual Judicial Conference of the U.S. Court of International Trade, 1986; "Identifying and Measuring Domestic Subsidies: A Framework," International Trade Workshop ILI and ABA Section on International Law and Practice, 1986. Christopher Sands, Terence P. Stewart; John M. Weekes; Alan Wm. Wolff, Distinguished Panel: Face Off or Fresh Start? International Trade in Times of Turmoil , 42 Can.-U.S. L.J. 62 (2018). T.P. Stewart and E. J. Drake, "How the WTO Undermines U.S. Trade Remedy Enforcement," Alliance for American Manufacturing, (February 2017); Co-Author: W. Fennell, S. Bell and N. Birch, "The Special Case of China: Why the Use of a Special Methodology Remains Applicable to China After 2016," 9-6 Global Trade Customs J. 272 (2014); E. Drake, S. Bell, J. Smith, D. DePrest and R. Fan, "China's Support Programs for Chemicals and Plastics Under the 12th Five-Year Plan," Stewart and Stewart (October 2014); E. Drake, S. Bell, J. Wang and R. Scott, "Surging Steel Imports Put Up to Half a Million U.S. Jobs at Risk," EPI Briefing Paper #376 Economic Policy Institute, Washington, DC (May 13, 2014); P. McDonough, J. Smith and S. Jorgensen, "The Increasing Recognition of Problems with WTO Appellate Body Decision Making: Will the Message Be Heard?", 8 Global Trade and Customs Journal, Issue 11/12, pp. 390-412 (2013); E. Drake, "China's Support Programs for Automobiles and Auto Parts Under the 12th Five-Year Plan," Stewart and Stewart (January 2012); S. Manaker, "2010-2011 Return of High Food Prices: Implications for the Future and Steps That Are Being or Could Be Taken to Reduce the Impact," 43 Geo. Wash. Int'l. Rev. 587 (2011); P. McDonough and P. Butler, "Opportunities and Challenges From Russia's 2012 Accession to the WTO," Stewart and Stewart (November 28, 2011); E. Drake, P. Butler, E. Argenti, P. Gong and J. Wang, "China's Support Programs for High-Technology Industries Under the 12th Five-Year Plan" (which also included separate reports on China's Support Programs for High-Speed Rail Under the 12th Five-Year Plan, China's Support Programs for Green Technology Under the 12th Five-Year Plan, China's Support Programs for Commercial Aviation Under the 12th Five-Year Plan, China's Support Programs for Semiconductors Under the 12th Five-Year Plan and China's Support Programs for Telecommunications Equipment Under the 12th Five-Year Plan, Stewart and Stewart, (June 2011); E. Drake, A. Dwyer and P. Gong, "Rare Earths, An Update: A Fresh Look at the Supplier(s), the Buyers, and the Trade Rules," paper presented to a Colloquium of the Global Business Dialogue, Inc. and the Trans-Atlantic Business Dialogue (June 9, 2011); P. Gong and J. Wang, China's 12th Five Year Plan: An Overview, Stewart and Stewart, (May 18, 2011); E. Drake, J. Misleh, P. Gong, C. Moyer, and J. Wang, "China's Support Programs for Agriculture Under the 12th Five-Year Plan," Stewart and Stewart, (May 2011); P. Gong and S. Manaker, "Changes in Dumping and Subsidy Methodology, An Overview of the Issues," paper presented at the Georgetown University Law Center's International Trade Update, (March 3, 2011); E. Drake, Written Submission Before the U.S. House of Representatives, Committee on Ways and Means, Hearing on China's Exchange Rate Policy (September 30, 2010); A. Dwyer and P. McDonough, "Preserving the Effectiveness of Trade Remedies for Developing Commonwealth and ACP Countries," Paper Presented in Geneva at the First Joint High Level CDC-ACP-AITIC Workshop on the Agreement on Anti-Dumping Practices (April 28, 2010); E Drake, Written Submission Before the U.S. House of Representatives, Committee on Ways and Means, Hearing on China's Exchange Rate Policy (April 7, 2010); E. Drake, "Addressing Balance-of-Payment Difficulties Under World Trade Organization Rules," EPI Working Paper #228, Economic Policy Institute, Washington, DC (December 31, 2009); A. Dwyer, "Antidumping: Overview of the Agreement," in "Law and Economics of Contingent Protection in International Trade," Cambridge University Press (October 2009); A. Dwyer and P. McDonough, "Moving Forward With Trade Remedies: A Collective Journey," in "Opportunities and Obligations: New Perspectives on Global and US Trade Policy," Kluwer Law International (Fall 2009); P. McDonough, "Piracy and the State: The Politics of IPR in China and the Practical Implications for the US Policies and Strategies," paper presented at the U.S. Patent and Trademark Office Program on Intellectual Property Issues in China - A Roadmap for the New Administration (August 18, 2009); P. McDonough, "Summary of Customs and Trade Decisions July 1, 2008 to June 12, 2009," paper presented at the Federal Circuit Bar Association's 11th Annual Bench & Bar Conference (June 18-20, 2009); P. McDonough, "China's Industrial Policy and Its Impact on U.S. Companies, Workers and the American Economy," presentation at Hearing Before the U.S.-China Economic and Security Review Commission (March 24, 2009); E.J. Drake, "A Consumption-Based Approach to Combating Climate Change," Stewart and Stewart (March 2009); E.J. Drake, "Buy America: Key to America's Economic Recovery," Paper Published by the Alliance for American Manufacturing (February 2009); P. McDonough, "Origin of the Trade Jurisdiction of the U.S. Court of Appeals for the Federal Circuit," Journal of the Federal Circuit Historical Society, Vol. 1 (December 2008); J.M. Madanat, "The Global Food Crisis: Urgent Need and Emerging Solutions," Sustainable Development Law & Policy, American University, Washington College of Law, Vol. IX, Issue 1 (Fall 2008); A. Anderson-Sprecher, "Rolling Back the Border: America's New Strategy for Import Safety," Stewart and Stewart (September 2008); J. Ma, A. Anderson-Sprecher and C. Chen, "U.S. Food and Consumer Product Safety Regulations: A Rapidly Evolving Landscape," a briefing paper on U.S. Regulatory Standards, Stewart and Stewart (May 2008); A. Dwyer, "Comparative Overview of Anti-Dumping Regulation in the European Communities and the United States of America," in 4 WTO - Trade Remedies: Max Planck Commentaries On World Trade Law, Martinus Nijhoff Publishers (2008); D. Mueller, "Article 2, Agreement on Implementation of Article VI of the General Agreement on Tariffs and Trade 1994," in 4 WTO - Trade Remedies: Max Planck Commentaries on World Trade Law, Martinus Nijhoff Publishers (2008); A. Dwyer, "Patent Reform Legislation: The TRIPS Agreement and Proposals to Limit Civil Remedies for Certain Patent Violations," Stewart and Stewart (October 2007); P. McDonough, N. Stewart and A. Ammons, "China's Compliance With WTO Commitments and Obligations: 2005-2007 Update," Trade Lawyers Advisory Group (September 2007); A. Dwyer, E. Argenti and P. Butler, "China's Laws, Regulations and Practices in the Areas of Technology Transfer, Trade- Related Investment Measures, Subsidies and Intellectual Property Protection & Which Raise WTO Compliance Concerns," Trade Lawyers Advisory Group (September 2007); A. Dwyer and E. Hein, "Trends in the Last Decade of Trade Remedy Decisions: Problems and Opportunities for the WTO Dispute Settlement System," 24 Arizona Journal of International and Comparative Law 251 (2007); E. Salonen and P. McDonough, "More Than 50 Years of Trade Rule Discrimination on Taxation: How Trade With China Is Affected," Trade Lawyers Advisory Group (August 2007); J. Ma, "China's Support Programs For Selected Industries: Agriculture," Trade Lawyers Advisory Group (June 2007); E. Argenti and P. Butler, "The Crisis in Intellectual Property Protection and China's Role in That Crisis," Trade Lawyers Advisory Group (May 2007); P. McDonough, "Proposals to Improve Trade Remedies for Agricultural Trade," paper prepared for the Marketing and International Trade Policy Committee NASDA (March 6, 2007); E. Drake, "Reliance on Decisions of the U.S. Court of Appeals for the Federal Circuit in Trade and Customs Litigation," 38 Georgetown Journal of Law (Fall 2006); P. McDonough, P. Butler, E. Drake and C. Moyer, "U.S. - Mexico Tomato Trade: Evaluating the Suspension Agreement Ten Years Later," Paper Presented at the United States - Mexico Law Institute's Fifteenth Annual Conference in Sarasota, FL (October 10, 2006); A. Dwyer, "Doha's Plan B: The Current Pause and Prospects for the WTO - Implications for Agricultural Subsidies," Paper Presented at the Global Business Dialogue, Inc. (September 13, 2006); P. Butler, "Russia's Accession to the World Trade Organization: Benefits, Progress and Remaining Issues," Paper Presented at the Russian-American Business Council (June 27, 2006); P. McDonough, "China's Enforcement of Intellectual Property Rights and the Dangers of the Movement of Counterfeited and Pirated Goods Into the United States," Panel IX: IP Law and Bilateral Negotiations, paper presented at a Hearing of the U.S.-China Economic and Security Review Commission (June 8, 2006); A. Dwyer, "Dismantling Discrimination in the WTO System: The Importance of the Principle of Non-Discrimination in an Integrating World Economy - A Different Architectural Perspective," Paper Presented at the Cornell-Beida Conference on the WTO System in Beijing, China (May 23, 2006); A. Dwyer and E. Hein, "Proposals for DSU Reform that Address, Directly or Indirectly, the Limitations on Panels and the Appellate Body Not to Create Rights and Obligations," in Reform and Development of the WTO Dispute Settlement System, Cameron May Ltd., 2006; A. Dwyer and E. Hein, "Trends in the Last Decade of Trade Remedy Decisions: Problems and Opportunities for the WTO Dispute Settlement System," Paper Presented at the ABA International Law Section's Fall Meeting (September 29, 2005); W. Caine, "Time to Revisit Cemex, S.A. (384 F.3d 1314) and the Authority of U.S. Customs to Re-Liquidate Entries," Presented to the Seventh Bench and Bar Conference of the Federal Circuit Bar Association, Charleston, SC (June 2005); P. McDonough and D. Huang, "China in the WTO - Year 3," A Report Prepared for the U.S.-China Economic and Security Review Commission (January 21, 2005); P. McDonough and D. Huang, "China's Compliance With World Trade Organization Obligations: A Review of China's 1st Two Years of Membership," A Report Prepared for the U.S.-China Security and Economic Review Commission, March 19, 2004 (Transnational Publishers, Inc. 2005); P. McDonough, "Doing Business With China: What Your Client Needs To Know," Presented to the International Society of Primerus Law Firms 2004 National Conference in Sedona, AZ (October 20-23, 2004); A. Dwyer and J.D. Stirk, "WTO Dispute Settlement: A Review of the First Nine Years and What Experience Teaches on How Well the DSU Is Working," Presented to the ABA International Section's Spring Meeting (April 16, 2004); C. Schenewerk, "The Conflict Between Facilitating International Trade and Protecting U.S. Agriculture from Invasive Species: APHIS, the U.S. Plant Protections Law, and the Argentine Citrus Dispute," Agricultural Sanitary and Phytosanitary and Standards Report (April 2003), reprinted in 13 The Florida State University Journal of Transnational Law & Policy, No. 2, Spring 2004; J.D. Stirk and S. Stewart, "Comparison of Selected Texts: U.S.-Chile, CAFTA, U.S. Australia, and U.S. Morocco Free Trade Agreements," (2004); D. Huang, "Prospects for US Exporters in China, WTO Obligations and Existing Import Demand," 2003 International Conference on Exports to China: Opportunities and Pitfalls (November 13, 8 2003); A. Dwyer and M. Prado, "Antidumping, Countervailing Duties, and Trade Remedies: Let's Make a Deal? Views from a Domestic Practitioner," The International Lawyer (Fall 2003); J.D. Stirk, "Maintaining Effective Rules in a Rules-Based WTO: Why Like Minded Group Countries Should Care," Presentation to the Like Minded Group, Geneva, Switzerland, May 5, 2003; A. Dwyer, The WTO Dispute Settlement System: An Overview, in "Handbook of WTO/GATT Dispute Settlement," Transnational Publishers, Inc. (2003); A. Dwyer, P. McDonough, M. Prado and A. Karpel, "Rules in a Rules-Based WTO: Key to Growth; The Challenges Ahead," Transnational Publishers Inc. (Fall 2002) (also presented at WTO, Geneva, Switzerland, May 23, 2002); P. McDonough, "Accession of the People's Republic of China to the World Trade Organization: Baseline of Commitments, Initial Implementation and Implications for U.S.-PRC Trade Relations and U.S. Security Interests," A Report Prepared for the U.S.-China Security Review Commission, Washington, DC, April 30, 2002 (Transnational Publishers, Inc., Fall, 2002); P. McDonough, "China's Accession to the WTO and Its Implications For Improved Trade Flows in High Technology and Deeper U.S.-China Economic Relationship," 2002 Sino- US Symposium on Hi-Tech and Economic Developments and the Fourth Conference of Federation of Associations of Chinese Professionals in Southern USA, Houston, Texas, May 11, 2002; D. Johanson, "The Codex Alimentarius Commission and Agricultural Biotechnology: Will Codex Standards Be Based Upon Proposed Regulations of the European Union?," Agricultural Sanitary & Phytosanitary and Standards Report, January 2002; A. Dwyer, "Handbook on WTO Trade Remedy Disputes: The First Six Years (1995-2000)," Transnational Publishers, Inc., 2001; P. McDonough and M. Prado, "Opportunities in the WTO for Increased Liberalization of Goods: Making Sure the Rules Work for All and That Special Needs Are Addressed," 24 Fordham Int'l L.J. 652 (Nov.-Dec. 2000); R. Woodings, "Distribution Services and the General Agreement on Trade in Services," International Provision of Services and Sale of Goods Conference, Salzburg, Austria, October 26-29, 2000; J. Cannon, Jr., E. Salonen and D. Nuxoll, "Trade and Cattle: How the System Is Failing an Industry in Crisis," 9 Minnesota Journal of Global Trade No. 2 (Summer 2000) (also available as an offprint); A. Karpel, "Review of the Dispute Settlement Understanding: Operation of Panels," 31 Law & Pol'y. Int'l. Bus. (Georgetown Univ.) 593 (Spring 2000); D. Johanson, "A Nexus of Trade and the Environment: The Relationship Between the Cartagena Protocol on Biosafety and the SPS Agreement of the World Trade Organization," Agricultural Sanitary & Phytosanitary and Standards Report (July 2000); D. Johanson, "Policy in Flux: The European Union's Laws on Agricultural Biotechnology and Their Effects on International Trade," 19th Annual American Agricultural Law Association Conference, Columbus, Ohio (October 24, 1998), in Agricultural Sanitary & Phytosanitary and Standards Report (December 1998), reprinted in 4 Drake Journal of Agricultural Law 1 (1999); D. Johanson, "The SPS Agreement of the World Trade Organization and the International Trade of Dairy Products," Presented at the 25th International Dairy Congress, Aarhus, Denmark (September 21, 1998), printed in Agricultural Sanitary & Phytosanitary and Standards Report (October 1998), reprinted in 54 Food and Drug Law Journal 55 (1999); D. Johanson, "The WTO Beef Hormone Dispute: An Analysis of the Appellate Body Decision," (March 1998), reprinted in Journal of International Law & Policy, University of California at Davis (Spring 1999); D. Johanson, "The SPS Agreement of the World Trade Organization and International Organizations: The Roles of the Codex Alimentarius Commission, the International Plant Protection Convention, and the International Office of Epizootics," (January 1998), reprinted in 26 Syracuse Journal of International Law and Commerce 27 (Fall 1998); Mara M. Burr, "The WTO Panel Process: An Evaluation of the First Three Years," 32 Int'l. Lawyer 709 (Fall 1998); Mara M. Burr, "Trade and Domestic Protection of Endangered Species: Peaceful Coexistence or Continued Conflict? The Shrimp Turtle Dispute and the World Trade Organization," 23 William and Mary Environmental Law and Policy Review, No. 1 (Fall, 1998); A. Dwyer, "Sunset Reviews of Antidumping and Countervailing Duty Measures-U.S. Implementation of Uruguay Round Commitments," 32 Journal of World Trade 101 (October 1998); A. Dwyer, WTO Antidumping and Subsidy Agreements: A Practitioner's Guide to Sunset Reviews in Australia, Canada, the European Union, and United States, Kluwer Law International (July 1998); D. Johnson, "Legal Comments on the Proposed Biosafety Protocol: Will the SPS Agreement of the World Trade Organization Permit Precautionary Risk Decisions?," presented at 2d Annual Roundtable of the American Bar Association's Section on Natural Resources, Energy and Environmental Law, Washington, D.C. (June 24, 1998); Mara M. Burr, "The WTO's First Two and a Half Years of Dispute Resolution," 23 N.C. Int'l. L. & Com. Reg. Issue 3 (June 1998); D. Johanson, "The WTO Beef Hormone Decisions," Agricultural Sanitary & Phytosanitary and Standards Report (November 1997); D. Johanson, "The SPS Agreement of the World Trade Organization and Plant Pest Infections: A Case Study of the 1997 Mediterranean Fruit Fly Outbreak in Florida," Agricultural Sanitary & Phytosanitary and Standards Report (August 1997), reprinted in 14 American University International Review 1107 (1999); D. Johanson, "The U.S. and E.U. Veterinary Equivalency Agreement," Agricultural Sanitary & Phytosanitary and Standards Report (June 1997); T.C. Brightbill, "Some Heretical Observations on the Interaction of U.S. Trade and Competition Laws: A Defense of U.S. Antidumping and Countervailing Duties," 4 United States-Mexico Law Journal (1996); T. Brightbill, "Trade Law and Competition Policy in Regional Trade Arrangements," 27 Law & Pol'y Int'l & Bus. (1996); A.G. Stephens, "The History, Intent, and Potential of the WTO Trade Dispute Provisions," Resolving International Trade Disputes-National and Multinational Solutions, GULC Continuing Education Seminar (November 1995); A. Holmer & G. Horlick, "Enacted and Rejected Amendments to the Antidumping Law: In Implementation or Contravention of the Antidumping Agreement?" The International Lawyer, Vol. 29, No. 2 (Summer, 1995); A. Mirtchev, G. Litman & K. Bland, "Foreign Investment in Bulgaria," Foreign Investment in Central & East Europe, Transnational Juris Publications, Inc. (April/May 1994); C. Callahan, "Dispute Settlement Mechanisms," chapter in The GATT Uruguay Round: A Negotiating History (1986-1992), Vol. II at 2663-2875, Kluwer Law & Taxation Publishers (1993) (also available as an offprint); S. Merkel & M. Kerwin, "Antidumping," chapter in The GATT Uruguay Round: A Negotiating History (1986-1992), Vol. II at 1383-1710, Kluwer Law & Taxation Publishers (1993) (also available as an offprint); M. Brilliant, "Safeguards," chapter in The GATT Uruguay Round: A Negotiating History (1986-1992), Vol. II at 1711-1820, Kluwer Law & Taxation Publishers (1993); M. Png., The Growth of Singapore, Malaysia and Indonesia, Georgia Journal of International and Comparative Law Vol. 23, No. 1 (Spring 1993); M. Edozien, "Towards A Truly Global Marketing Strategy: A Need to Consider Trade and Investment Opportunities in West Africa," North Carolina Journal of International Law and Commercial Regulation, Vol. 1 (Winter 1992); D. Abellard, "Labor Laws and Social Policies in the European Community After 1992," Law and Policy International Business, Vol. 23, No. 3 (Spring 1992); M. Edozien, "Regulating Investments In North Africa," (April 1992); M. Edozien, "Regulation Of Investments In Sub-Saharan Africa," (February 1992); A. Dwyer, "Measuring Domestic Subsidies: Preferential Provisions of Goods or Services and Other Domestic Subsidies," GULC Continuing Legal Education Seminar (1991); D. Abellard, "Merger Control in the European Community: The EC Regulation On the Control of Concentrations Between Undertakings and Implementing Guidelines," Northwestern Journal of International Law & Business, Vol. 11, No. 2 (Fall 1990); Listed in International Who's Who of Trade and Customs Lawyers, (1998).

Areas of Practice (6)

  • Antidumping
  • Countervailing Duties and Subsidies
  • Safeguards (Escape Clause)
  • Dispute Settlement Under Trade Agreements
  • World Trade Organization (WTO), Negotiations, Accessions, Disputes
  • Bilateral and Regional Free Trade Agreements

Education & Credentials

Contact Information:
202-785-4185  Phone
202-466-1286  Fax
www.stewartlaw.com
University Attended:
College of the Holy Cross, B.A., magna cum laude, 1970; Harvard University, M.B.A., 1972
Law School Attended:
Georgetown University, J.D., magna cum laude, 1979
Year of First Admission:
1979
Admission:
1980, U.S. District Court for the District of Columbia; 1981, U.S. Court of Appeals for District of Columbia Circuit and U.S. Court of International Trade; 1987, U.S. Court of Appeals, Third, Ninth and Eleventh Circuits; 1982, U.S. Court of Appeals, Federal Circuit; 1979, District of Columbia; 1983, U.S. Supreme Court
Memberships:
District of Columbia Bar, 1979__; (Member, U.S. Court of Appeals for the Federal Circuit Committee, 1983-1984); Federal Circuit Bar Association Member, 1985__; (President, 2012-2013; President Elect, 2011-2012; Vice President, 2010-2011; Treasurer, 2009-2010; Secretary, 2008-2009; Member, Board of Directors, 2001-2004; 2006-2014; Co-Chair, Dispute Resolution Committee, 2004-2005; Court of International Trade and International Trade Commission Appeals Committee (Co-Chair, 1997-1998); American Bar Association (Member: Task Force on International Trade and Antitrust, 1995-2000; International Law and Practice Section, 1982-; International Trade Committee Steering Group, 1994-; AD/CVD Law Working Group, Central and East European Law Initiative, CEELI, 1994-1995); Customs and International Trade Bar Association, (Member, 1980-; Member, Board of Directors, 1990-2002;Past President, 2000-2002; President, 1998-2000; Vice President, 1996-1998; Chairman, International Trade Committee, 1990-1996.
Birth Information:
Washington, D.C., June 30, 1948
ISLN:
903406442

Peer Reviews

  • 5.0/5.0 (7 reviews)
  • A Martindale-Hubbell Peer Rating reflects a combination of achieving a Very High General Ethical Standards rating and a Legal Ability numerical rating.
  • Legal Knowledge

    5.0/5.0
  • Analytical Capability

    5.0/5.0
  • Judgment

    5.0/5.0
  • Communication

    4.8/5.0
  • Legal Experience

    5.0/5.0
  • 5.0/5.0 Rated by a Partner on 07/10/14 in International Trade

    I know Terry well from service with him on the Board of the Federal Circuit Bar Association. He is one of the stars of the international trade bar, focused on import/export issues and Section 337 patent litigation. Few better in the practice.

    I know Terry well from service with him on the Board of the Federal Circuit Bar Association. He is one of the stars of the international trade bar, focused on import/export issues and Section 337 patent litigation. Few better in the practice. Read less

    Read less
  • 5.0/5.0 Rated by a Partner on 06/20/14 in International Trade

    Excellent attorney with high ethics and good judgment

    Excellent attorney with high ethics and good judgment Read less

    Read less

See All 7 Reviews »


*Peer Reviews provided before April 15, 2008 are not displayed.

Washington, District of Columbia

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