Tournament:  | Round:  | Opponent:  | Judge: 

1AC – Inh

Contention One – Inherency –

Arbitrary US investment rules have blocked Chinese ownership of renewable energy companies. This restriction on energy production deters investment and damages US-China relations.

Xinhua 9/30/12 The alarm bell of US protectionism rings loud - China.org.cn http://www.china.org.cn/business/2012-09/30/content_26681566.htm
A recent decision by U.S. President Barack Obama to block a Chinese
AND
a disturbing message to other foreign investors, no less the Chinese ones.

The rejection of Chinese investment signals US unwillingness to accept foreign investment and particularly angers China.

Inside US Trade 1/4/13 U.S., CHINA DISCUSS EXPORT CONTROLS %26 INVESTMENT, BUT PROGRESS UNCLEAR  Proquest

On Chinese investment in the U.S., Chen stressed that the U.
AND
"based on ideological reasons," something U.S. observers deny.

Massive increase for wind incentives in the fiscal cliff compromise takes out disad uniqueness but doesn’t solve the case.

David Roberts 1/2/13 staff writer for Grist. "Fiscal fiasco bright spot: 2013 will be a huge year for wind
" http://grist.org/climate-energy/fiscal-fiasco-bright-spot-2013-will-be-a-huge-year-for-wind/
In August, the Senate Finance Committee passed a tax-extenders bill that would
AND
up to be a boom year for wind in the U.S.

Econ

Contention Two – Advantages –

====Advantage one is the Economy====

====First, Obama’s rejection of Chinese wind development signals protectionism and discourages foreign investment in American energy.====
Nick Juliano and John McArdle, 10/2/12 E%26E reporters  Obama’s blocking of wind farm adds to U.S.-China tension
Posted: Tuesday, October 2, 2012 http://www.governorswindenergycoalition.org/?p=3480-http://www.governorswindenergycoalition.org/?p=3480
The Treasury Department said last week that blocking the Oregan project was done to protect
AND
economy still struggling to create jobs, that’s the wrong signal to send."

And, Chinese clean energy investment is critical to job creation in the US.

Linden Ellis %26 Jennifer Turner %26 Devin Kleinfield-Hayes 5/9/12 Linden J Ellis(lindenjellis@gmail.com) is a freelance journalist and former US project director at chinadialogue. Jennifer Turner (jennifer.turner@wilsoncenter.org) is the director of the China Environment Forum at the Woodrow Wilson International Center for Scholars, where Devin Kleinfield-Hayes(devinkhayes@gmail.com) is a research assistant. China’s smart green energy investment http://www.climatespectator.com.au/commentary/china-s-smart-green-energy-investment

Critics argue that Chinese investment in US clean energy leads to theft of American jobs
AND
jobs go wherever the technology is deployed, not where it is manufactured.

And, now is critical – High-level Chinese officials see US investment protectionism as the largest threat to bilateral and multilateral trade.

Xiaozhun 12/18/12 C Amb. YI Xiaozhun Chinese Ambassador to the WTO, Statement at the TPRB Annual Overview Meeting Tuesday,December 18,2012 Posted: 17:10 BJT(0910 GMT) permanent mission of China to WTO Statement by H.E. Ambassador YI Xiaozhun of China at the TPRB Annual Overview Meeting 17 December, 2012 http://wto2.mofcom.gov.cn/aarticle/bilateralvisits/201212/20121208488229.html-http://wto2.mofcom.gov.cn/aarticle/bilateralvisits/201212/20121208488229.html

Second, paragraph 15 of this Report stated that trade frictions seem to be increasing
AND
upon Members to maintain an open and transparent investment environment for all enterprises. 

====The impact is war with China - Trade wars escalate – collapsing the global economy, creating widespread protectionism and becoming a shooting war.====
Wang and Li 11 (Jianhua and Yunlu—Xinhua news agency, citing Ni Feng, Vice President of the Institute of American Studies underthe Chinese Academy of Social Sciences, Zhao Jinping, vice director of the Foreign Economic Department of the Development Research Center (DRC) of the State Council "China-US trade war no good for anyone", October 13, 2011. http://english.peopledaily.com.cn/90780/7616581.html
A trade war between the United States and China, each of which is the
AND
and will even lead to political and military confrontations in some sensitive regions. 

This protectionism is modeled – reversing course essential to preventing global trade conflict.

Georgiev, 2008 George Stephanov The Reformed Cfius Regulatory Framework: Mediating Between Continued Openness to Foreign Investment and National Security Yale Journal on Regulation › Vol. 25 Nbr. 1, January 2008
The regulatory regime that governs the national security review of foreign acquisitions of U.
AND
away from the U.S. economy through more liberal laws.5

====Spiraling Energy protectionism results. ====
Larson %26 Marchick 2006 The Bernard and Irene Schwartz Series on American Competitiveness Foreign Investment and National Security Getting the Balance Right Alan P. Larson David M. Marchick CSR NO. 18, JULY 2006 COUNCIL ON FOREIGN RELATIONS
The U.S. approach toward foreign investment can easily affect U.S
AND
scheme have the potential to adversely affect how American companies are treated abroad.

And, protectionism spirals out of control and causes nuclear war

Panzner 8 – faculty at the New York Institute of Finance, 25-year veteran of the global stock, bond, and currency markets who has worked in New York and London for HSBC, Soros Funds, ABN Amro, Dresdner Bank, and JPMorgan Chase (Michael, "Financial Armageddon: Protect Your Future from Economic Collapse," p. 136-138)
Continuing calls for curbs on the flow of finance and trade will inspire the United
AND
between Muslims and Western societies as the beginnings of a new world war.

And, Conflict with China will escalate to global nuclear war

Lee Hunkovic (Professor of Political Science at the American Military University) 2009 "The Chinese-Taiwanese Conflict: Possible Futures of a Confrontation between China, Taiwan and the United States of America", http://www.lamp-method.org/eCommons/ Hunkovic.pdf-http://www.lamp-method.org/eCommons/Hunkovic.pdf)
A war between China, Taiwan and the United States has the potential to escalate
AND
outcome, therefore, other countries will not be considered in this study.

Global Warming

Advantage 2 – is Global Warming

First, The restriction on Chinese renewable development singles out China and destroys relations.

Edward Alden 10/2/12 Council on Foreign Relations The Changing Politics of Chinese Trade and Investment http://blogs.cfr.org/renewing-america/2012/10/02/the-changing-politics-of-chinese-trade-and-investment/-http://blogs.cfr.org/renewing-america/2012/10/02/the-changing-politics-of-chinese-trade-and-investment/
On the same day last week that President Obama was issuing an order blocking a
AND
getting harder – is to figure out whether both can be done simultaneously.

Conflicts over the US foreign investment process risk shattering the relationship.  The plan sends a strong signal of cooperation towards China.

Xu 11 (Ting, senior project manager-Bertelsmann Foundation, The Next Big Threat to US-China Ties, July 13, http://thediplomat.com/2011/07/13/the-next-big-threat-to-us-china-ties/-http://thediplomat.com/2011/07/13/the-next-big-threat-to-us-china-ties/)
 The United States and China have long lobbed verbal grenades across the Pacific,
AND
a win-win situation that would also boost Sino-American collaboration.

====Increasing bilateral Investment solves relations.====
China Daily European Edition 1/1/13 January 1, 2013 Tuesday Investment in US hits record level for Chinese BYLINE: Chen Weihua Lexis 

Former US Trade Representative Carla Hills said that she believes Chinese investment in the US
AND
who is also chairwoman of the National Committee on US-China Relations.

Restricting energy development on the basis that foreign investment is a threat to national security sends the signal that the US energy market is off limit and stifles US-China energy cooperation

Claudia Mahn 10/1/12 Global Insight October 1, 2012 President Obama blocks Chinese wind farm ambitions Lexis
However, in a statement on Friday, the Department of Treasury said the president’s
AND
terminals currently under regulatory review (seeUnited States: 22 August 2012 .

Cooperative Clean-energy investment is critical to green-tech diffusion and solving climate change.

Lin 11 ~Justin Yifu Lin, Former World Bank Chief Economist and Senior Vice President, "China, the US and clean energy cooperation," Jan 21 2011, http://blogs.worldbank.org/developmenttalk/china-the-us-and-clean-energy-cooperation~~~~~~
Second, there are also major long-term global benefits from clean energy cooperation
AND
planet’s resources and safeguard future generations from the damaging effects of climate change.

Only US-China cooperation and investment solves.

Woetzel 9 ~Dr. Jonathan Woetzel, Ph.D. in political science from USC, Director in McKinsey %26 Company’s Greater China Office, August 2009, "China and the US: The potential of a clean-tech partnership,"  http://www.mckinseyquarterly.com/China_and_the_US_The_potential_of_a_clean-tech_partnership_2419~~~~~~
China and the United States, the world’s dominant producers of carbon emissions, have
AND
all of these technologies, they cannot achieve separately what they could jointly.

Warming results in extinction

Ahmed 2010 (Nafeez Ahmed, Executive Director of the Institute for Policy Research and Development, professor of International Relations and globalization at Brunel University and the University of Sussex, Spring/Summer 2010, "Globalizing Insecurity: The Convergence of Interdependent Ecological, Energy, and Economic Crises," Spotlight on Security, Volume 5, Issue 2, online)
Perhaps the most notorious indicator is anthropogenic global warmings warming. The landmark 2007 Fourth
AND
– a situation endangering the survival of all life on earth.~xi~

No adaption to worst case – the impact is extinction

Tickell 8 (Oliver, Environmental Researcher, The Guardian, August 11, http://www.guardian.co.uk/commentisfree/2008/aug/11/climatechange-http://www.guardian.co.uk/commentisfree/2008/aug/11/climatechange, JMB, accessed 6-23-11)
We need to get prepared for four degrees of global warming, Bob Watson told
AND
the warming caused by human emissions could propel us towards a similar hothouse Earth

Scientific consensus on anthropogenic warming

Anderegg et al 10 ~William, Professor of Biology at Stanford University; James W. Prall, Electrical and Computer Engineering, University of Toronto; Jacob Harold, William and Flora Hewlett Foundation; Stephen H. Schneider, Professor of Biology at Stanford University, Senior Fellow at the Woods Institute for the Environment, "Expert credibility in climate change," 5-9, PNAS, vol 107, no 27, http://www.pnas.org/content/107/27/12107.full.pdf+html~~
Preliminary reviews of scientific literature and surveys of climate scientists indicate striking agreement with the
AND
discussions in media, policy, and public forums regarding anthropogenic climate change.

Plan

Thus, we present the following plan:

Plan – The United States federal government should limit the review of foreign investment in wind power by the Committee on Foreign Investment in the United States to cases in which national security, not economic competition is a factor.

Solvency

Contention 3 is Solvency -

Reversal of the CFIUS decision on wind energy is critical to send a signal that the US is open to investment.

Vigdor, Elwood %26 Marwell 10/22/12 Billy Vigdor and John Elwood are partners, and Jeremy Marwell is an associate at Vinson %26 Elkins’ Washington, D.C., office. "Blocking Ore. Wind Farms: Overstepping Authority?" http://www.velaw.com/uploadedFiles/VEsite/Resources/BlockingOreWindFarmsOversteppingAuthority.pdf
CFIUS practitioners and the business community should watch this case closely. The plaintiffs will
AND
for interested parties to express their views through amicus filings with the court.

Further, only explicitly removing economic competition from the scope of investment review solves.

David M. Marchick %26 Matthew J. Slaughter 2008 The Bernard and Irene Schwartz Series on American Competitiveness Global FDI Policy Correcting a Protectionist Drift CSR NO. 34, JUNE 2008 COUNCIL ON FOREIGN RELATIONS

Principle 1: The investment review law should be narrowly tailored and focused on national
AND
investment in transactions that do not raise national security or other governmental interests.

And, The broad interpretation of national security fails – creates economic uncertainty, protectionism and hampers US foreign policy goals.

Carroll-Emory International Law Review-09 (Jamie FF, COMMENT: BACK TO THE FUTURE: REDEFINING THE FOREIGN INVESTMENT AND NATIONAL SECURITY ACT’S CONCEPTION OF NATIONAL SECURITY, 23 Emory Int’l L. Rev. 167)

The broad and vague interpretation of national security by the CFIUS creates four distinct problems
AND
foreign policy goals, just when such cooperation is essential to global peace.

Finally, Only a narrow wind-energy specific Limit to national security solves, the plan creates clarity and predictability.

David Marchick 2008 Sovereign Wealth Funds And National Security OECD/City of London ConferenceMarch 31, 2008 www.oecd.org/investment/investmentpolicy/40395077.pdf
How Should National Security Review Mechanisms be Structured? ➢ Narrowly tailored ▪ The investment
AND
requiring investment reviews, the lists should be drafted as narrowly as possible. 

Tournament:  | Round:  | Opponent:  | Judge: 

1AC – Inh

Contention One – Inherency –

Arbitrary US investment rules have blocked Chinese ownership of renewable energy companies. This restriction on energy production deters investment and damages US-China relations.

Inside US Trade 1/4/13 U.S., CHINA DISCUSS EXPORT CONTROLS %26 INVESTMENT, BUT PROGRESS UNCLEAR  Proquest

On Chinese investment in the U.S., Chen stressed that the U.
AND
"based on ideological reasons," something U.S. observers deny.

Massive increase for wind incentives in the fiscal cliff compromise takes out disad uniqueness but doesn’t solve the case.

David Roberts 1/2/13 staff writer for Grist. "Fiscal fiasco bright spot: 2013 will be a huge year for wind
" http://grist.org/climate-energy/fiscal-fiasco-bright-spot-2013-will-be-a-huge-year-for-wind/
In August, the Senate Finance Committee passed a tax-extenders bill that would
AND
up to be a boom year for wind in the U.S.

Econ

Contention Two – Advantages –

====Advantage one is the Economy====

====First, Obama’s rejection of Chinese wind development signals protectionism and discourages foreign investment in American energy.====
Nick Juliano and John McArdle, 10/2/12 E%26E reporters  Obama’s blocking of wind farm adds to U.S.-China tension
Posted: Tuesday, October 2, 2012 http://www.governorswindenergycoalition.org/?p=3480-http://www.governorswindenergycoalition.org/?p=3480
The Treasury Department said last week that blocking the Oregan project was done to protect
AND
economy still struggling to create jobs, that’s the wrong signal to send."

And, Chinese clean energy investment is critical to job creation in the US.

Linden Ellis %26 Jennifer Turner %26 Devin Kleinfield-Hayes 5/9/12 Linden J Ellis(lindenjellis@gmail.com) is a freelance journalist and former US project director at chinadialogue. Jennifer Turner (jennifer.turner@wilsoncenter.org) is the director of the China Environment Forum at the Woodrow Wilson International Center for Scholars, where Devin Kleinfield-Hayes(devinkhayes@gmail.com) is a research assistant. China’s smart green energy investment http://www.climatespectator.com.au/commentary/china-s-smart-green-energy-investment

Critics argue that Chinese investment in US clean energy leads to theft of American jobs
AND
jobs go wherever the technology is deployed, not where it is manufactured.

Now is the critical time to develop cooperation on clean energy with China – cooperation creates necessary incentives to avoid impending trade conflict.

Lewis 12 Dr Joanna L. Lewis is an assistant professor at the Walsh School of Foreign Serivce, Georgetown University. Her focus is on science, technology and international affairs, especially issues related to renewable energy. TUESDAY, FEB 14, 2012 03:00 PM CST U.S., China need a green peace, not a trade war http://www.salon.com/2012/02/14/u_s_china_need_a_green_peace_not_a_trade_war/singleton/-http://www.salon.com/2012/02/14/u_s_china_need_a_green_peace_not_a_trade_war/singleton/

President Obama announced in his State of the Union address last month that he would
AND
for the future, rather than on how to create even more obstacles.

And, now is critical – High-level Chinese officials see US investment protectionism as the largest threat to bilateral and multilateral trade.

Xiaozhun 12/18/12 C Amb. YI Xiaozhun Chinese Ambassador to the WTO, Statement at the TPRB Annual Overview Meeting Tuesday,December 18,2012 Posted: 17:10 BJT(0910 GMT) permanent mission of China to WTO Statement by H.E. Ambassador YI Xiaozhun of China at the TPRB Annual Overview Meeting 17 December, 2012 http://wto2.mofcom.gov.cn/aarticle/bilateralvisits/201212/20121208488229.html-http://wto2.mofcom.gov.cn/aarticle/bilateralvisits/201212/20121208488229.html**

Second, paragraph 15 of this Report stated that trade frictions seem to be increasing
AND
upon Members to maintain an open and transparent investment environment for all enterprises. 

====The impact is war with China - Trade wars escalate – collapsing the global economy, creating widespread protectionism and becoming a shooting war.====
Wang and Li 11 (Jianhua and Yunlu—Xinhua news agency, citing Ni Feng, Vice President of the Institute of American Studies underthe Chinese Academy of Social Sciences, Zhao Jinping, vice director of the Foreign Economic Department of the Development Research Center (DRC) of the State Council "China-US trade war no good for anyone", October 13, 2011. http://english.peopledaily.com.cn/90780/7616581.html
A trade war between the United States and China, each of which is the
AND
and will even lead to political and military confrontations in some sensitive regions. 

And, Conflict with China will escalate to global nuclear war

Lee Hunkovic (Professor of Political Science at the American Military University) 2009 "The Chinese-Taiwanese Conflict: Possible Futures of a Confrontation between China, Taiwan and the United States of America", http://www.lamp-method.org/eCommons/ Hunkovic.pdf-http://www.lamp-method.org/eCommons/Hunkovic.pdf)
A war between China, Taiwan and the United States has the potential to escalate
AND
outcome, therefore, other countries will not be considered in this study.

====Increased investment barriers over Chinese investment results in global Energy protectionism.====
Larson %26 Marchick 2006 The Bernard and Irene Schwartz Series on American Competitiveness Foreign Investment and National Security Getting the Balance Right Alan P. Larson David M. Marchick CSR NO. 18, JULY 2006 COUNCIL ON FOREIGN RELATIONS
The U.S. approach toward foreign investment can easily affect U.S
AND
scheme have the potential to adversely affect how American companies are treated abroad.

And, protectionism spirals out of control and causes nuclear war

Panzner 8 – faculty at the New York Institute of Finance, 25-year veteran of the global stock, bond, and currency markets who has worked in New York and London for HSBC, Soros Funds, ABN Amro, Dresdner Bank, and JPMorgan Chase (Michael, "Financial Armageddon: Protect Your Future from Economic Collapse," p. 136-138)
Continuing calls for curbs on the flow of finance and trade will inspire the United
AND
between Muslims and Western societies as the beginnings of a new world war.

Global Warming

Advantage 2 – is Global Warming

First, The restriction on Chinese renewable development singles out China and destroys relations.

Edward Alden 10/2/12 Council on Foreign Relations The Changing Politics of Chinese Trade and Investment http://blogs.cfr.org/renewing-america/2012/10/02/the-changing-politics-of-chinese-trade-and-investment/-http://blogs.cfr.org/renewing-america/2012/10/02/the-changing-politics-of-chinese-trade-and-investment/
On the same day last week that President Obama was issuing an order blocking a
AND
getting harder – is to figure out whether both can be done simultaneously.

Conflicts over the US foreign investment process risk shattering the relationship.  The plan sends a strong signal of cooperation towards China.

Xu 11 (Ting, senior project manager-Bertelsmann Foundation, The Next Big Threat to US-China Ties, July 13, http://thediplomat.com/2011/07/13/the-next-big-threat-to-us-china-ties/-http://thediplomat.com/2011/07/13/the-next-big-threat-to-us-china-ties/)
 The United States and China have long lobbed verbal grenades across the Pacific,
AND
a win-win situation that would also boost Sino-American collaboration.

====Increasing bilateral Investment solves relations.====
China Daily European Edition 1/1/13 January 1, 2013 Tuesday Investment in US hits record level for Chinese BYLINE: Chen Weihua Lexis 

Former US Trade Representative Carla Hills said that she believes Chinese investment in the US
AND
who is also chairwoman of the National Committee on US-China Relations.

Cooperative Clean-energy investment is critical to green-tech diffusion and solving climate change.

Lin 11 ~Justin Yifu Lin, Former World Bank Chief Economist and Senior Vice President, "China, the US and clean energy cooperation," Jan 21 2011, http://blogs.worldbank.org/developmenttalk/china-the-us-and-clean-energy-cooperation~~~~~~
Second, there are also major long-term global benefits from clean energy cooperation
AND
planet’s resources and safeguard future generations from the damaging effects of climate change.

Only US-China cooperation and investment solves.

Woetzel 9 ~Dr. Jonathan Woetzel, Ph.D. in political science from USC, Director in McKinsey %26 Company’s Greater China Office, August 2009, "China and the US: The potential of a clean-tech partnership,"  http://www.mckinseyquarterly.com/China_and_the_US_The_potential_of_a_clean-tech_partnership_2419~~~~~~
China and the United States, the world’s dominant producers of carbon emissions, have
AND
all of these technologies, they cannot achieve separately what they could jointly.

Warming results in extinction

Ahmed 2010 (Nafeez Ahmed, Executive Director of the Institute for Policy Research and Development, professor of International Relations and globalization at Brunel University and the University of Sussex, Spring/Summer 2010, "Globalizing Insecurity: The Convergence of Interdependent Ecological, Energy, and Economic Crises," Spotlight on Security, Volume 5, Issue 2, online)
Perhaps the most notorious indicator is anthropogenic global warmings warming. The landmark 2007 Fourth
AND
– a situation endangering the survival of all life on earth.~xi~

Scientific consensus on anthropogenic warming

Anderegg et al 10 ~William, Professor of Biology at Stanford University; James W. Prall, Electrical and Computer Engineering, University of Toronto; Jacob Harold, William and Flora Hewlett Foundation; Stephen H. Schneider, Professor of Biology at Stanford University, Senior Fellow at the Woods Institute for the Environment, "Expert credibility in climate change," 5-9, PNAS, vol 107, no 27, http://www.pnas.org/content/107/27/12107.full.pdf+html~~
Preliminary reviews of scientific literature and surveys of climate scientists indicate striking agreement with the
AND
discussions in media, policy, and public forums regarding anthropogenic climate change.

Racism

Advantage 3 – Xenophobic Racism

The rejection of Chinese wind investment relies on xenophobic and racism assumptions about the "foreignness" of Chinese companies.

NORMAN P. HO* 2012 WIDENER JOURNAL OF LAW, ECONOMICS %26 RACE Fall ASIAN-AMERICAN JURISPRUDENCE AND CORPORATE LAW: POLITICIZATION, RACIALIZATION, FOREIGNNESS, AND THE U.S. CFIUS FOREIGN DIRECT INVESTMENT REVIEW MECHANISM, 4.1 *Morrison %26 Foerster LLP (Hong Kong office); Research Fellow at Netherlands China Law Center. J.D., NYU School of Law; A.M., A.B., Harvard University.
In line with  the racialized history of Exon-Florio, the themes of racialization
AND
, and as of October 2012, the case is still proceeding. 178

Racism must be rejected at all costs

Barndt 91 ~Joseph Barndt, co-director of Crossroads, a ministry to dismantle racism, 1991, "Dismantling Racism: The Continuing challenge to White America," p. 155-6.~

To study racism is to study walls. We have looked at barriers and fences
AND
sake of the world and ourselves, we dare not allow it to continue

====Only the plan can prevent future xenophobic rejections of foreign investment. ====
Carroll-Emory International Law Review-09 (Jamie FF, COMMENT: BACK TO THE FUTURE: REDEFINING THE FOREIGN INVESTMENT AND NATIONAL SECURITY ACT’S CONCEPTION OF NATIONAL SECURITY, 23 Emory Int’l L. Rev. 167)

Sovereign wealth funds pose another challenge to the new FINSA regulations. Governments have long
AND
.221 National security must be clearly defined to encourage foreign direct investment.

Plan

Thus, we present the following plan:

Plan – The United States federal government should limit the Exon-Florio review of international investment in wind power to include only national security, not economic competition as a factor.

Solvency

Contention 3 is Solvency -

Reversal of the CFIUS decision on wind energy is critical to send a signal that the US is open to investment.

Vigdor, Elwood %26 Marwell 10/22/12 Billy Vigdor and John Elwood are partners, and Jeremy Marwell is an associate at Vinson %26 Elkins’ Washington, D.C., office. "Blocking Ore. Wind Farms: Overstepping Authority?" http://www.velaw.com/uploadedFiles/VEsite/Resources/BlockingOreWindFarmsOversteppingAuthority.pdf
CFIUS practitioners and the business community should watch this case closely. The plaintiffs will
AND
for interested parties to express their views through amicus filings with the court.

Further, only explicitly removing economic competition from the scope of investment review solves.

David M. Marchick %26 Matthew J. Slaughter 2008 The Bernard and Irene Schwartz Series on American Competitiveness Global FDI Policy Correcting a Protectionist Drift CSR NO. 34, JUNE 2008 COUNCIL ON FOREIGN RELATIONS

Principle 1: The investment review law should be narrowly tailored and focused on national
AND
investment in transactions that do not raise national security or other governmental interests.

And, The broad interpretation of national security fails – creates economic uncertainty, protectionism and hampers US foreign policy goals.

Carroll-Emory International Law Review-09 (Jamie FF, COMMENT: BACK TO THE FUTURE: REDEFINING THE FOREIGN INVESTMENT AND NATIONAL SECURITY ACT’S CONCEPTION OF NATIONAL SECURITY, 23 Emory Int’l L. Rev. 167)

The broad and vague interpretation of national security by the CFIUS creates four distinct problems
AND
foreign policy goals, just when such cooperation is essential to global peace.

Finally, Only a narrow wind-energy specific Limit to national security solves, the plan creates clarity and predictability.

David Marchick 2008 Sovereign Wealth Funds And National Security OECD/City of London ConferenceMarch 31, 2008 www.oecd.org/investment/investmentpolicy/40395077.pdf
How Should National Security Review Mechanisms be Structured? ➢ Narrowly tailored ▪ The investment
AND
requiring investment reviews, the lists should be drafted as narrowly as possible.