| 11/11/2012 | Tournament: | Round: | Opponent: | Judge: Wilson Center 5-31-12 (Chinese Investment in North American Energy, http://www.wilsoncenter.org/event/chinese-investment-north-american-energy)
While Chinese foreign energy investment is on the rise, the more notable story is
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companies, which will allow China’s companies to better extract resources at home. Lincicome 12 (Scott, trade attorney, "Is Missing American Trade Leadership Beginning to Bear Protectionist Fruit? (Hint: Kinda Looks Like It)," June 12, http://lincicome.blogspot.com/2012/06/is-missing-american-trade-leadership.html)
Over the past few years, I and several other US trade-watchers have
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its long-held place at the front of the trade liberalization pack. Carroll-Emory International Law Review-09 (James, 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) II. Post 9/11 Application of Exon-Florio After 9/11
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that Reagan threatened to veto in order to strip the economic security provisions. And, expanding the scope of CFIUS reviews undermines US trade leadership and triggers retaliation. The impact is global wars.Carroll-Emory International Law Review-09 (James, 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) C. Economic Retaliation as a Result of CFIUS Protectionism Continued use of Exon-
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own interests to take any action that may destabilize the American economy. 182 And, protectionism sparks great power conflict and exacerbates all global problems.Patrick, Senior Fellow-CFR, 09 (Stewart, senior fellow and director of the Program on International Institutions and Global Governance at the Council on Foreign Relations, "Protecting Free Trade," National Interest, March 13, 2009, http://nationalinterest.org/article/protecting-free-trade-3060?page=show)
President Obama has committed to working with U.S. trade partners to avoid
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daily economic intelligence briefing, distilling the security implications of the global crisis. And, Unilateral FDI liberalization is key to prevent trade policy backsliding which dooms global economic recovery.Erixon and Sally, directors-ECIPE, 10 (Fredrik and Razeen, European Centre for International Political Economy, TRADE, GLOBALISATION AND EMERGING PROTECTIONISM SINCE THE CRISIS, http://www.ecipe.org/media/publication_pdfs/trade-globalisation-and-emerging-protectionism-since-the-crisis.pdf) ~italics are from original source~ We think Mr. Bentham’s world-view will cause damage, not only to domestic economies but also to the world trading system. This will not be a replay of the 1930s, but a replay of the 1970s is a serious prospect. The world is in danger of undoing the market reforms of the 1980s and ’90s that brought unprecedented prosperity, especially to emerging markets outside the West. Like the 1970s, policy backsliding could prolong a severe downturn and compromise eventual recovery. The short-term challenge is to arrest the slide to Big Government at home and creeping protectionism abroad. The medium-term challenge is to get back on track with trade and FDI liberalisation combined with domestic structural reforms – substantial "unfinished business" left before the crisis struck. More, not less, markets and globalisation are what the world needs. That is primarily a matter for unilateral action by governments and competitive emulation among them. It can be reinforced by international policy cooperation in the WTO, G20 and other fora, but not too much can be expected of cumbersome global-governance mechanisms. Overall, limits to government intervention and a well-functioning market economy are of a piece with open markets, economic globalisation and international political stability. CFIUS is increasingly assertive over Chinese energy deals—-Casting a shadow over future investment
Crooks-Financial Times-9/11/12
http://www.ft.com/intl/cms/s/0/4f880244-f90a-11e1-945b-00144feabdc0.html~~%23axzz26DtOgO5Z-http://www.ft.com/intl/cms/s/0/4f880244-f90a-11e1-945b-00144feabdc0.html
Oil tie-up is test for US deal-watchers Over the latest three years for which data are publicly available, Cfius required legally
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oil company owning assets that are a big deal here in the US." And, energy restrictions destroy investor confidence, which crushes the dollar and triggers economic recession- the vague CFIUS interpretation of national security chills ALL foreign investment.Carroll-Emory International Law Review-09 (James, 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)
B. National Security and Investor Uncertainty The uncertain interpretation of national security in Exon
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investment is more vital than ever to provide liquidity to American markets. 164 CFIUS is increasingly assertive over Chinese energy deals—-Casting a shadow over future investment
Crooks-Financial Times-9/11/12
http://www.ft.com/intl/cms/s/0/4f880244-f90a-11e1-945b-00144feabdc0.html~~%23axzz26DtOgO5Z-http://www.ft.com/intl/cms/s/0/4f880244-f90a-11e1-945b-00144feabdc0.html
Oil tie-up is test for US deal-watchers Over the latest three years for which data are publicly available, Cfius required legally
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oil company owning assets that are a big deal here in the US." And, economic decline causes great power war.Royal 2010
Jedediah, Director of Cooperative Threat Reduction at the U.S. Department of Defense, "Economic Integration, Economic Signaling and the Problem of Economic Crises," in Economics of War and Peace: Economic, Legal and Political Perspectives, ed. Goldsmith and Brauer, pg. 213-215
Less intuitive is how periods of economic decline may increase the likelihood of extern conflict
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not featured prominently in the economic-security debate and deserves more attention. Rickards, 12 (James, economist and investment banker with 35 years of experience working in capital markets on Wall Street and the author of NYT Bestselling book Currency Wars: The Making of the Next Global Crisis, "Why We Should Still Be Worried about a Double-Dip Recession," February 27, 2012, http://www.usnews.com/opinion/blogs/economic-intelligence/2012/02/27/why-we-should-still-be-worried-about-a-double-dip-recession)
The late summer and fall of 2011 was filled with fears of a double-
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certainty returns and, on current form, that may be years away. And, the plan is a quick injection of capital which is critical to economic recovery.Xu et al 12 (Ting, China and Economy consultant for Bertelsmann Stiftung, with Thieß Petersen and Tianlong Wang, Cash in Hand: Chinese Foreign Direct Investment in the U.S. and Germany, June,
http://www.bfna.org/sites/default/files/publications/Cash%20in%20Hand%20Second%20Edition%20final.pdf)
Although Chinese FDI has drawn increasing attention in the U.S. and Germany
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in bringing those countries that are facing a credit crunch back to growth. Removing restrictions on investment in US oil and gas production is the best way to get China to increase their support for Iran sanctions- that’s critical to effective international pressure.Downs, China fellow at Brookings, 7-19-12 (Erica S. Downs is a fellow at the John L. Thorton China Center at The Brookings Institution, "Getting China to Turn on Iran," July 19, http://nationalinterest.org/commentary/getting-china-turn-iran-7215) Over the past decade, as the United States employed increasingly robust sanctions to gradually
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the greater the chance they will think twice about doing business in Iran.
The Chinese government responded to the new U.S. sanctions signed into law
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This dual stance is attributable to the business decisions made by China’s NOCs. Allowing Chinese majority shares of US oil and gas production is critical garnering Chinese compliance on Iran. Only the signal of the plan solves Iran nuclearization.Downs, Brookings China Fellow, October ’12 (Erica, CHINA, IRAN AND THE NEXEN DEAL, OPTIONS POLITIQUES, http://www.irpp.org/po/archive/oct12/downs.pdf)
Meanwhile the expansion of the Chinese NOC footprint in the United States has coincided with
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nuclear program may run through the headquarters of CNOOC, CNPC and Sinopec. Kahl, Senior Fellow, the Center for a New American Security, 12 (Colin, former Deputy Assistant Secretary of Defense for the Middle East and Senior Fellow, the Center for a New American Security, Iran and the Bomb, Foreign Affairs; Sep/Oct2012, Vol. 91 Issue 5, p157-162)
Waltz writes that "policymakers and citizens in the Arab world, Europe, Israel
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and the consequences of even a low-probability outcome could be devastating. Iranian nuclearization causes regional and global arms racing.Cirincione 06 (Joseph, Sr. Assoc. %26 Director @ the Non-Proliferation Project @ the Carnegie Endowment for International Peace, Summer, SAIS Review, "A New Non-Proliferation Strategy")
The danger posed by the acquisition of nuclear weapons by Iran or North Korea is
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decade-compounded by the existing political and territorial disputes still unresolved.4 This risks global nuclear conflict- new prolif risks theft, unauthorized use, terrorism, and crisis escalation.Busch, Professor of Government-Christopher Newport, 04 (Nathan, "No End in Sight: The Continuing Menace of Nuclear Proliferation" p 281-314)
Summing Up: Will the Further Spread of Nuclear Weapons Be Better or Worse?
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proliferation in hopes that the stability predicted by the optimists will indeed occur. Kahl 12 (Colin, Senior Fellow at the Center for a New American Security, Not Time to Attack Iran, Foreign Affairs, 00157120, Mar/Apr2012, Vol. 91, Issue 2)
In making the case for preventive war as the least bad option, Kroenig
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emphasize that all options, including military action, remain on the table. China is limiting itself to "hands off" oil and gas deals – these small partnerships don’t secure technical expertise to develop Chinese shale – this puts them decades behind gas targetsMandel 7-17 (Jenny, Reporter for EnergyWire, a daily publication covering the unconventional oil and gas sectors, Previous positions with E%26E include editing Land Letter and writing news and feature stories for Greenwire, ClimateWire, and other news outlets, "Will U.S. shale technology make the leap across the Pacific?," EnergyWire: Tuesday, July 17, 2012, http://www.eenews.net/public/energywire/2012/07/17/1) Modes of tech transfer Despite the challenges, the allure of a massive new domestic
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pursue contracts for natural gas imports to satisfy the strong and growing demand. Knowledge @ Wharton 12 (China’s Underground Race for Shale Gas, aug 21, http://knowledge.wharton.upenn.edu/arabic/article.cfm?articleid=2851) Meanwhile, in the U.S., shale gas leaders, such as Devon
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Chinese companies may be able to negotiate better terms, says CATF’s Sung. Only the US has the expertise necessary for China to develop its shale resources- increased Chinese access to US drilling techniques and regulatory methods is critical.Forbes, manager- Shale Gas Initiative at the World Resources Institute, 12 (Sarah, also the Senior Associate for the Climate and Energy Program at the World Resources Institute, HEARING BEFORE THE U.S.-CHINA ECONOMIC AND SECURITY REVIEW COMMISSION: "CHINA’S GLOBAL QUEST FOR RESOURCES AND IMPLICATIONS FOR THE UNITED STATES; CHINA’S PROSPECTS FOR SHALE GAS AND IMPLICATIONS FOR THE U.S.," January 26, http://pdf.wri.org/testimony/forbes_testimony_china_shale_gas_2012-01-26.pdf)
Are there risks as well as opportunities for U.S. companies? From
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aware of and take into account while pursuing and designing Chinese domestic development. Hanger 12 (John, Special Counsel at the law firm Eckert Seamans, and former Secretary of the Pennsylvania Department of Environmental Protection and Commissioner of the Pennsylvania Public Utility Commission, "China Gets Cracking on Fracking: The Best Environmental News Of The Year?," Aug 14, http://johnhanger.blogspot.com/2012/08/china-gets-cracking-on-fracking-good.html) China sits on natural gas reserves that are estimated to be 50% higher than the massive gas reserves in the USA. http://news.nationalgeographic.com/news/energy/2012/08/120808-china-shale-gas/. Despite this gargantuan gas resource, coal provides China 80% of its electricity, compared to 34% in the USA, as of May 2012. Why the difference? The shale gas boom that is now more than 10 years long in the USA is just getting started in China and so the Chinese remain heavily reliant on coal to make electricity and for their total energy. Around the world, the basic energy choice is coal or gas. China is just the biggest example of this fundamental fact. China’s reliance on coal means that its economic growth brings skyrocketing carbon emissions and other air pollution. Indeed, Chinese air quality is infamous around the world, and smog has been so thick that Beijing airport has been unable to land planes for short periods. As of 2011, China was responsible for 29% of the world’s carbon emissions, while the US produced 16%, even though the US economy is still considerably bigger than China’s. Moreover, US carbon emissions are declining to 1992 levels, but China’s emissions skyrocket. Though China is building substantial new wind, solar, and nuclear generation, those investments are not enough to cut Chinese coal consumption, given economic growth that is still 7% in what some describe as an economic slowdown. Shale gas, however, could be big enough to actually displace significant amounts of coal in China. More gas in China means less mercury, soot. lead, smog, and carbon emissions. China’s energy plans call for shale gas to provide 6% of its total energy as soon as 2020. If it achieves that goal, China will avoid more than 500 million tons of carbon pollution per year or about 1.5% of today’s total carbon emissions. Increasing demand for Chinese coal production causes water shortages which threaten economic collapse and political instability.Schneider 11 (Keith, senior editor for Circle of Blue-a nonprofit focusing on resource shortages founded in 2000, Choke Point: China—Confronting Water Scarcity and Energy Demand in the World’s Largest Country, Feb 15, http://www.circleofblue.org/waternews/2011/world/choke-point-china%E2%80%94confronting-water-scarcity-and-energy-demand-in-the-world%E2%80%99s-largest-country/)
By any measure, conventional and otherwise, China’s tireless advance to international economic prominence
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rising incomes and improving opportunities, is at risk, say some authorities. Chinese economic collapse causes Asian and Middle East conflict- China will turn outwardly aggressive.Newmeyer 09 DR. JACQUELINE NEWMYER - LONG TERM STRATEGY GROUP- THE CENTER FOR NATIONAL POLICY "ECONOMIC CRISIS: IMPACT ON CHINESE MILITARY MODERNIZATION" APRIL 8, 2009, http://cnponline.org/index.php?ht=a/GetDocumentAction/i/12503
So I think either way, either because of the insecurity that is stoked
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the downturn would lead to a greater chance of conflict abroad for China. And, economic decline causes war.Royal 2010 Jedediah, Director of Cooperative Threat Reduction at the U.S. Department of Defense, "Economic Integration, Economic Signaling and the Problem of Economic Crises," in Economics of War and Peace: Economic, Legal and Political Perspectives, ed. Goldsmith and Brauer, pg. 213-215
Less intuitive is how periods of economic decline may increase the likelihood of extern conflict
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not featured prominently in the economic-security debate and deserves more attention. And, pollution from coal causes environmental protests that threaten CCP rule.LeVine 12 (Steve, author of The Oil and the Glory, Foreign Policy contributor, CHINA The Cost of Coal , The Weekly Wrap — Aug. 3, 2012, http://oilandglory.foreignpolicy.com/posts/2012/08/03/the_weekly_wrap_aug_3_2012_part_i-http://oilandglory.foreignpolicy.com/posts/2012/08/03/the_weekly_wrap_aug_3_2012_part_i) China’s moment of coal truth: A question that has vexed us for some time
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and economic outcomes. And yet that is exactly what we are seeing. Those pollution protests causes Chinese instability and CCP lashoutNankivell 05 (Nathan, Senior Researcher @ Office of the Special Advisor Policy, Maritime Forces Pacific Headquarters, Canadian Department of National Defence, China’s Pollution and the Threat to Domestic and Regional Stability, China Brief Vol: 5 Issue: 22, http://www.jamestown.org/programs/chinabrief/single/?tx_ttnews%5Btt_news%5D=3904%26tx_ttnews%5BbackPid%5D=195%26no_cache=1) As the impact of pollution on human health becomes more obvious and widespread, it
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border. All of these situations would alter security assumptions in the region. This causes the CCP to launch WMDs and kill billions to try to hold onto powerRenxin 05 Renxin, Journalist, 8-3-2K5 (San, "CCP Gambles Insanely to Avoid Death," Epoch Times, www.theepochtimes.com/news/5-8-3/30931.html)
Since the Party’s life is "above all else," it would not be surprising
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as something one finds difficult to tell whether it is false or true. And, Chinese pollution causes nuclear war with RussiaNankivell 05 (Nathan, Senior Researcher @ Office of the Special Advisor Policy, Maritime Forces Pacific Headquarters, Canadian Department of National Defence, China’s Pollution and the Threat to Domestic and Regional Stability, China Brief Vol: 5 Issue: 22, http://www.jamestown.org/programs/chinabrief/single/?tx_ttnews%5Btt_news%5D=3904%26tx_ttnews%5BbackPid%5D=195%26no_cache=1) In addition to the concerns already mentioned, pollution, if linked to a specific
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in full-scale war between two powerful, nuclear-equipped nations. And, shale development key to Chinese energy security.Downs 00 (Erica, China Fellow @ Brookings, CHINA’S ENERGY SECURITY ACTIVITIES, http://www.rand.org/content/dam/rand/pubs/monograph_reports/MR1244/MR1244.ch3.pdf) The Chinese government can also improve China’s energy security through development of the country’s natural
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concerns—possibly a fear of foreign control over China’s gas resources. 76 Clement 12 (Nicholas, China and India Vie for Energy Security, May 25, http://www.2point6billion.com/news/2012/05/25/china-and-india-vie-for-energy-security-11177.html)
The competitive relationship between China and India has become a defining feature of the strategic
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ongoing diplomatic engagement between China and India to avoid unnecessary or accidental escalation. Participating in oil joint ventures boosts US-China energy coop, allowing them to learn from us and control air pollution and environmental degradation.Wu, Brookings Visiting Fellow, 08 (Richard Weixing Hu, Advancing Sino-U.S. Energy Cooperation Amid Oil Price Hikes, March, http://www.brookings.edu/research/opinions/2008/03/energy-hu)
Fourth, both governments should encourage their energy companies to collaborate in jointly enlarging the
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air and a considerable contribution to the common course of global environmental protection. And, politicization of Chinese energy deals independently undermines US-China energy relations, which causes hostile Chinese naval modernization.Lieberthal and Herberg 06 (Kenneth, Distinguished Fellow and Director for China at The William Davidson institute, and research associate of the China Center at the University of Michigan, and Mikkal, Director of the asian Energy security program at The national bureau of asian research, China’s Search for Energy Security: Implications for U.S. Policy*, http://www.nbr.org/publications/nbranalysis/pdf/vol17no1.pdf)
Both the United States and China will benefit if they can develop a collaborative relationship
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each other’s energy insecurities and find new ways to work toward cooperative outcomes. United States-China Economic and Security Review Commission 09 ("THE IMPLICATIONS OF CHINA’S NAVAL MODERNIZATION FOR THE UNITED STATES," HEARING BEFORE THE U.S.-CHINA ECONOMIC AND SECURITY REVIEW COMMISSION ONE HUNDRED ELEVENTH CONGRESS FIRST SESSION, June 11, http://www.uscc.gov/hearings/2009hearings/transcripts/09_06_11_trans/09_06_11_trans.pdf)
In this hearing, witnesses told the Commission that the Chinese People’s Liberation Army (
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As a consequence, a naval arms race in East Asia may ensue. Glaser, CSIS Senior Fellow, 12 (Bonnie, Senior Fellow,Center for Strategic and International Studies, Armed Clash in the South China Sea, http://www.cfr.org/east-asia/armed-clash-south-china-sea/p27883)
The risk of conflict in the South China Sea is significant. China, Taiwan
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one of the various disputes in the South China Sea from escalating militarily. The United States Federal Government should exclude crude oil and natural gas production from Exon-Florio reviews.Carroll-Emory International Law Review-9 23 Emory Int’l L. Rev. 167 COMMENT: BACK TO THE FUTURE: REDEFINING THE FOREIGN INVESTMENT AND NATIONAL SECURITY ACT’S CONCEPTION OF NATIONAL SECURITY
Conclusion Exon-Florio should be amended to more narrowly define national security. The
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by embracing globalization and cooperation can the United States truly achieve national security. And, oil and gas are the key energy issues for CFIUS.Ellis-Vinson %26 Elkins LLP-6/1/07
US energy and foreign direct investment: Is the foreign capital flow for oil and gas at risk?
http://www.ogfj.com/articles/print/volume-4/issue-6/capital-perspectives/us-energy-and-foreign-direct-investment-is-the-foreign-capital-flow-for-oil-and-gas-at-risk.html-http://www.ogfj.com/articles/print/volume-4/issue-6/capital-perspectives/us-energy-and-foreign-direct-investment-is-the-foreign-capital-flow-for-oil-and-gas-at-risk.html
Energy has traditionally been an area of some concern for CFIUS. In fact,
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were energy-related - a trend that has continued thus far in 2007 And, the US should clarify that energy production does not undermine national security— explicitly exempting specific industries from CFIUS review is key.Pane 05 (Marc, studied ILaw at Fordham, worked for the Office of the Principal Defender for the Special Court for Sierra Leone, CNOOC’s Bid for UNOCAL: Now is the Time to Improve theExon-Florio Amendment, http://www.scribd.com/doc/61823408/CNOOC-s-Bid-for-UNOCAL-Now-is-the-Time-to-Improve-the-Exon-Florio-Amendment)
What does this all mean for Exon-Florio? Almost since its enactment,
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from global energy markets might result in a greater risk of supply disruption). |
| 11/11/2012 | Tournament: | Round: | Opponent: | Judge:
T-Restriction —-we meet-foreign investment restrictions on production
Hirsch-former senior energy program adviser for Science Applications International Corporation-11 Commentary: Restrictions on world oil production
http://www.energybulletin.net/stories/2011-03-28/commentary-restrictions-world-oil-production-http://www.energybulletin.net/stories/2011-03-28/commentary-restrictions-world-oil-production Restrictions on world oil production can be divided into four categories: 1. Geology
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and restrictions on foreign investment has led to significant Mexican oil production decline. -xxx—We-meet-the plan reduces restrictions that block, delay, and alter foreign investment in energy production
Inside Energy with Federal Lands 4/12/10 (Herman Wang, HEADLINE: Foreign energy investments spark security concerns) Foreign firms appear to be increasingly interested in investing in US oil companies, electric
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have the sanctity of contracts and bright-letter law," Vrielink said. —-Production deals with a high level of scrutiny are considered "restricted".
Vinson %26 Elkins LLP 12 (V%26E China Practice Update E-communication, "China Amends Foreign Investment Policy: New Foreign Investment Industry Guidance Catalogue," January 13, http://www.velaw.com/resources/pub_detail.aspx?id=20405) The Catalogue classifies foreign direct investments in the various Chinese industry sectors as "encouraged
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authorities. Foreign investment is not permitted in industries categorized as "prohibited." —-C/I
Restrictions mean qualification on production
Wright v. Magellan Behavioral Health, Inc., 2007 U.S. Dist. LEXIS 48718 2007 In the instant case, the Court is required to interpret the word "restriction" as used by the parties in the Agreement. The parties apparently agree that the legal definition of restriction—"a limitation or qualification," Black’s Law Dictionary 1341 (8th ed. 1999)—is a good place to start. Thus, the Court must determine whether the board’s supervision requirement falls within this definition. That means conditions on production not just prohibitions
Google Dictionary qual•i•fi•ca•tion noun /ˌkwäləfəˈkāSHən/
qualifications, plural A quality or accomplishment that makes someone suitable for a particular job or activity
- only one qualification required—fabulous sense of humor The action or fact of becoming qualified as a practitioner of a particular profession or activity
- an opportunity for student teachers to share experiences before qualification A condition that must be fulfilled before a right can be acquired; an official requirement
- the five-year residency qualification for presidential candidates |
| 11/11/2012 | Tournament: | Round: | Opponent: | Judge: CSM 9/28/12
Christian Science Monitor, Oil production in US hits highest level in 15 years, Energy Voices Blog, http://www.csmonitor.com/Environment/Energy-Voices/2012/0928/Oil-production-in-US-hits-highest-level-in-15-years Oil production in the United States rose last week to levels not seen since January
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:The Effect of New Production Methods on U.S Oil Output) Murtaugh 9/14
Dan, Bloomberg News, North Dakota’s Bakken Oil Output Passes 600,000 Barrels a Day, http://www.bloomberg.com/news/2012-09-14/north-dakota-s-bakken-oil-output-passes-600-000-barrels-a-day.html Oil production from the North Dakota portion of the Bakken shale formation topped 600,
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highest annual level since 1991, according to department figures compiled by Bloomberg. Welt 2009
Aviad, PhD in eco-finance from Columbia Law, National Security Review of Renewable Energy and CleanTech Transactions (August 1, 2011). Available at SSRN: http://ssrn.com/abstract=1933285 or http://dx.doi.org/10.2139/ssrn.1933285 The American Recovery and Reinvestment Act of 2009 ("Recovery Act") included a number
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along the years, shifting with it the focus of CFIUS’ analysis.2 Scissors, Senior Research Fellow-Heritage, 12 (Derek, Senior Research Fellow in Asia Economic Policy, and Dean Cheng is Research Fellow in Chinese Political and Security Affairs , "China Buys Canadian Energy: Lessons for the U.S.," July 26, 2012, http://www.heritage.org/research/reports/2012/07/china-buys-canadian-energy-lessons-for-the-us) Wide-Ranging Implications One policy implication of CNOOC–Nexen is thus a bit
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regulatory oversight, and is a close American ally is the ideal alternative. Galbriath 9/13
Kate, New York Times, An Expiring Tax Credit Threatens the Wind Power Industry
http://www.nytimes.com/2012/09/14/us/an-expiring-tax-credit-threatens-the-texas-wind-power-industry.html
"We haven’t had the industry come to a stop like this before in a
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while more transmission lines to carry the power get built, he said. Hauter 9/18/12
Wenonah Hauter is the Executive Director of Food %26 Water Watch., Memo to Fracking Apologists: You’re Hurting Renewables (and You’re Greenwashing, Too), http://www.huffingtonpost.com/wenonah-hauter/memo-to-fracking-apologists_b_1890889.html Let’s talk first about gas as a bridge fuel. Thanks to shale gas drilling
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likely making climate change even more costly and destructive in the coming decades. |
| 11/11/2012 | Tournament: | Round: | Opponent: | Judge: Permutation— do the plan and limit CFIUS reviews as outlined by the counterplan.Carroll-Emory International Law Review-9
23 Emory Int’l L. Rev. 167 COMMENT: BACK TO THE FUTURE: REDEFINING THE FOREIGN INVESTMENT AND NATIONAL SECURITY ACT’S CONCEPTION OF NATIONAL SECURITY
This proposed definition of national security would be even more limited than the original Exon
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economic factors can only encourage protectionism and politicization of the CFIUS process.224 Carroll-Emory International Law Review-9
23 Emory Int’l L. Rev. 167 COMMENT: BACK TO THE FUTURE: REDEFINING THE FOREIGN INVESTMENT AND NATIONAL SECURITY ACT’S CONCEPTION OF NATIONAL SECURITY
On July 26, 2007, President Bush signed FINSA into law.120 The
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day investigation,131 which increases transparency and the likelihood of congressional involvement. Carroll-Emory International Law Review-9
23 Emory Int’l L. Rev. 167 COMMENT: BACK TO THE FUTURE: REDEFINING THE FOREIGN INVESTMENT AND NATIONAL SECURITY ACT’S CONCEPTION OF NATIONAL SECURITY
Senator Charles Schumer’s call to investigate the Borse Company’s purchase of a 20% interest
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direct investment within the United States would be potentially vulnerable to similar scrutiny. the counterplan doenst limit congresses ability to be involved in transactions- means the CP doesn’t solve politicizationCarroll-Emory International Law Review-9
23 Emory Int’l L. Rev. 167 COMMENT: BACK TO THE FUTURE: REDEFINING THE FOREIGN INVESTMENT AND NATIONAL SECURITY ACT’S CONCEPTION OF NATIONAL SECURITY
FINSA mandates that the CFIUS conduct a 45-day investigation any time the foreign
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in American infrastructure may alienate our allies and isolate America even further.186 Carroll-Emory International Law Review-9
23 Emory Int’l L. Rev. 167 COMMENT: BACK TO THE FUTURE: REDEFINING THE FOREIGN INVESTMENT AND NATIONAL SECURITY ACT’S CONCEPTION OF NATIONAL SECURITY
However, on June 24, 2005, 41 members of Congress from both parties
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of China utilizing the "oil weapon" against the United States.100
China hawks101 echoed these arguments, claiming that the deal would give China more leverage over the international oil market and that regardless of the facts of the transaction, the symbolic nature of giving into China’s resource goals should be prevented at all costs.102 Unsurprisingly, hawkish arguments toward China played a large role in congressional opposition to the deal.103 Carroll-Emory International Law Review-9
23 Emory Int’l L. Rev. 167 COMMENT: BACK TO THE FUTURE: REDEFINING THE FOREIGN INVESTMENT AND NATIONAL SECURITY ACT’S CONCEPTION OF NATIONAL SECURITY
Limiting the Exon-Florio definition of national security only to military threats may seem
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not mean that the CFIUS is the best tool to protect critical infrastructure. |
| 11/11/2012 | |
| 11/11/2012 | Tournament: | Round: | Opponent: | Judge: Flood 2005
Andrew, Irish Platformist and member of the Workers Solidarity Movement, http://www.anarkismo.net/article/1890?condense_comments=true%26userlanguage=de%26save_prefs=true-http://www.anarkismo.net/article/1890?condense_comments=true%26userlanguage=de%26save_prefs=true
Generally responses to the essay from primitivists were often a lot more constructive then what
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can’t convince themselves then why do they think they can convince everyone else? (A.) The alternative fractures the left —- Rejecting the plan for embracing civilization unites the alternative with right wing china bashers and fractures opposition to the Pentagon’s militarist china policy.Bello %26 Mittal 2000
Walden, Anuradha, Dangerous Liaisons: Progressives, the Right, and the Anti-China Trade Campaign, Institute for Food and Development Policy/Food First, May, http://www.tni.org/archives/archives_bello_china
A coalition of forces seeks to deprive China of permanent normal trading relations (PNTR
AND
, "the wrong war at the wrong place at the wrong time". Flood 2005
Andrew, Irish Platformist and member of the Workers Solidarity Movement, http://www.anarkismo.net/article/1890?condense_comments=true%26userlanguage=de%26save_prefs=true-http://www.anarkismo.net/article/1890?condense_comments=true%26userlanguage=de%26save_prefs=true
Well first off population is a given. I am not imagining that there are
AND
to rise to perhaps to as much as 10 billion in that time. Flood 2005
Andrew, Irish Platformist and member of the Workers Solidarity Movement, "civilization, primitivism, and anarchism," http://libcom.org/library/civilisation-primitivism-anarchism-andrew-flood-http://libcom.org/library/civilisation-primitivism-anarchism-andrew-flood
We can extend our intellectual exercise still further. Let us pretend that some
AND
of course something he advocates but a logical end point of his argument. Lewis 1992
Martin, Historical Geographer @ Stanford, Green Delusion: An Environmentalistic Critique of Radical Environmentalism, pg. 63-5
No matter how convincing the evidence, the overkill hypothesis remains just a hypothesis.
AND
in general, see Stewart 1956; H. T. Lewis 1982). |
| 11/11/2012 | Tournament: | Round: | Opponent: | Judge: (A.) CFIUS review is steeped in ressentiment —- Extend Carroll —- Calls for investigating foreign energy investment are crudely veiled acts of scapegoating our own economic incompetence onto Chinese businesses and explicitly justified through appeals of pity for the poor disadvantaged American energy industry.Romar 2008
Edward J., Lecturer with honors at Boston College of Management, Noble Markets: The Noble/Slave Ethic in Hayek’s Free Market Capitalism, Journal of Business Ethics, DOI 10.1007/s10551-008-9748-6
Socialism is the doctrine of the slave and herd: all the docile, and
AND - one must take the risk and not wallow in self-pity.
—-Their competition claims are double turns —- You can’t affirm life and reject the way we celebrate it.Porter 2000
James, "Nietzsche and the seduction of metaphysics," http://olincenter.uchicago.edu/pdf/porter.pdf-http://olincenter.uchicago.edu/pdf/porter.pdf
Suppose that power resides solely in the feeling of power, that, as Nietzsche
AND
and effective is Nietzsche’s critique? How coherent is his view of power? Golomb 2006
Jacob, Professor of Philosophy at the Hebrew University of Jerusalem and Director of the Center for Austrian Studies at The Hebrew University, Autumn, "Can One Really Become a "Free Spirit Par Excellence"or an Übermensch?" Journal of Nietzsche Studies, Vol 32 pg. 22-40, Project Muse
Is The Ideal of Overman a Viable One? I have argued that Nietzsche believed
AND
," and other negative factors acquired through the inevitable processes of our socialization. —-Policy planning is life affirming and imbedded within imminence —- Only the negative’s blanket rejection of change reduces the chaos of the world to a knowable ’status quo’ that the plan deviates from.Campbell 1993
David, Politics Without Principle, pg. 97-98
To be engaged with the world, whether as an individual or a state,
AND
a strong declaration of one’s position— that is the most important step. Fasching 1993
Darrell J., Professor of Religious Studies at University of South Florida, The Ethical Challenge of Auschwitz and Hiroshima, pg. 28-29
The Nazi vision of the pure Aryan society represents a utopian vision of demonic proportionsa
AND
us that a normless world will inevitably end in apocalyptic self-destruction. Solomon 1994
Robert C., Quincy Lee Centennial Professor of Philosophy at the University of Texas at Austin, Nietzsche, Genealogy, Morality: Essays on Nietzsche’s On the Genealogy of Morals, ed. Richard Schacht, pg. 111-112
Consider, then, the so-called slaves—those who are group-
AND
a rather bewildering place to look for his conceptions of strength and weak¬ness. |
| 11/11/2012 | Tournament: Shirley | Round: 8 | Opponent: Gtown Am | Judge: Will Mosley-Jensen -~--permute, do the plan and reject a fear of death, we can perm a lens to evaluate the world, even if its not explicit their advocacy is discussing death bad.Ringmar 1996 Erik, London School of Economics, “On the Ontological Status of the State,” http://www.ringmar.net/writings/Erik%20Ringmar,%20On%20the%20Ontological%20Status%20of%20the%20State.pdf Such loose apocalyptic talk is, however, … which in fact has very little to do with its eventual demise. -~--aff is a prerequisite, our critique of CFIUS is inclusive of their argument, energy production is secured from china out of a necrophillic fear of death and Chinese aggression, material implications outweigh representations, policy makers can modify their reasonings.-~--util and body counts first – only objective metric for decisionmaking, if anything lots of dead people incentivize political action since that’s a general catalyst for political action |
| 11/11/2012 | Tournament: Shirley | Round: 8 | Opponent: Gtown Am | Judge: Will Mosley Jensen 1. The judge is a policymaker – most predictable interpretation because its grounded in the resolution and it’s the most fair because it checks multiple critical negative frameworks(A.) The alternative fractures the left -~-- Rejecting the plan for embracing free trade unites the alternative with right wing china bashers and fractures opposition to the Pentagon’s militarist china policy.Bello and Mittal 2000 Walden, Anuradha, Dangerous Liaisons: Progressives, the Right, and the Anti-China Trade Campaign, Institute for Food and Development Policy/Food First, May, http://www.tni.org/archives/archives_bello_china A coalition of forces seeks to deprive China of permanent normal trading relations (PNTR) as a means of obstructing that country's entry into the World Trade Organization (WTO). We do not … war at the wrong place at the wrong time". Moody 2000 Kim, staff writer for Labor Notes and author of An Injury to All and Workers in a Lean World, Protectionism or Solidarity? (Part I), http://www.solidarity-us.org/site/node/951 From a Marxist point of view, it seems obvious … the protection afforded by the border. Daily Times 2006 EDITORIAL: Economic neo-liberalism vs political realism, February 26th, http://www.dailytimes.com.pk/default.asp?page=2006%5C02%5C26%5Cstory_26-2-2006_pg3_1 Ditto for CNOOC’s Unocal bid. … politics has its own ideas of security and protectionism. (B.) The removal of anti-market forces solves bad market forces and is historically distinct from the system described in their evidence.De Landa 1998 Manuel, Markets and Antimarkets in the World Economy, http://www.alamut.com/subj/economics/de_landa/antiMarkets.html When approaching the subject of economic power, … of markets and antimarkets and their dynamics. Withdrawing from global trade locks the alternative within a nationalist frame precluding transnational solidarity and organization. Bello and Mittal 2000 Walden, Anuradha, Dangerous Liaisons: Progressives, the Right, and the Anti-China Trade Campaign, Institute for Food and Development Policy/Food First, May, http://www.tni.org/archives/archives_bello_china The anti-China trade campaign … and multilateral agencies that promote TNC-led globalization. -~--The alternative fails -~-- Markets are inevitable and culturally universal.Lavoie and Chamlee-Wright 2000 Don Lavoie Professor of Economics at George Mason University and Emily Chamlee-Wright Associate Professor of Economics and Management at Beloit College, Culture and Enterprise: the development, representation, and morality of business p. 47-48 Indeed the favorite stick with which … to generate and engage in market activity. |
| 11/11/2012 | Tournament: Shirley | Round: 8 | Opponent: Gtown AM | Judge: Will Mosley Jensen No solution because of revenue concerns and if it does pass it’ll be limitedWeisman and Calmes 11/7/12 (*Jonathan, staffwriter, *Jackie, staffwriter, “Boehner Strikes Conciliatory Tone in Talk of Fiscal Cliff” http:~/~/www.nytimes.com/2012/11/08/us/politics/back-to-bargaining-table-with-fiscal-cliff-dead-ahead.html?pagewanted=alland_r=0url:http://www.nytimes.com/2012/11/08/us/politics/back-to-bargaining-table-with-fiscal-cliff-dead-ahead.html?pagewanted=alland_r=0(%%)) But Democrats and Republicans are still far apart. … on — and a catalyst for — major solutions, enacted in 2013.” The Guardian, 11/10 (Ewen MacAskill, 11/10/2012, “Obama statement: Back to reality as fiscal cliff approaches,” Factiva) But any bipartisan spirit might … they, led by the House majority leader Eric Cantor, blocked it. China FDI popular – economic considerations and China lobbySchatz 10-5-12 (Joseph, POLITICO Pro’s tax editor. Before joining POLITICO, Schatz spent nearly a decade at Congressional Quarterly, covering politics and economics on Capitol Hill. Most recently, he was CQ's senior economic writer for four years, covering everything from the Wall Street bailout and the debt ceiling crisis to trade and the U.S.-China relationship, for which he received the National Press Club’s Sandy Hume award in 2010, “China politics aren't black and white,” Politico.com October 5, 2012, lexis) Mitt Romney's hard-hitting ads claim President …. The Obama administration has also made efforts to link Chinese firms with American companies. Heineman 10 (Ben Heineman Jr. has held top positions in government, law, and business. He is the author of High Performance with High Integrity “No Presidential Greatness Without Spending Political Capital” http:~/~/www.theatlantic.com/politics/archive/2010/03/no-presidential-greatness-without-spending-political-capital/37865/http://www.theatlantic.com/politics/archive/2010/03/no-presidential-greatness-without-spending-political-capital/37865/(% style="font-size:8.0pt;mso-bidi-font-size:11.0pt" %)) Only in recent months, when he was … gamble, and win a major legislative victory (with uncertain short-term political consequences) echoes decisions of his great Democratic predecessors, Harry Truman and Lyndon Johnson. Jackson 10 (James K. Jackson, CRS Specialist in International Trade and Finance, Foreign Investment, CFIUS, and Homeland Security: An Overview, February 4, http://fpc.state.gov/documents/organization/138597.pdf) While CFIUS’s activities often seem to be quite opaque, … under foreign control, primarily for national defense purposes. Hamilton and Schroeder 1994 James T. Hamilton is an assistant Professor of Public Policy, Economics and Political Science at Duke University, Christopher H. Schroeder is a Professor of Law at Duke University School of Law “Strategic Regulators and the Choice of Rulemaking Procedures: The Selection of Formal vs. Informal Rules in Regulating Hazardous Waste http://scholarship.law.duke.edu/cgi/viewcontent.cgi?article=4229andcontext=lcp 3. As the regulatory costs imposed on parties … informal rules may be applied with more discretion than formal rules. 24/7 WallStreet 9/14/12 http://www.marketwatch.com/story/us-sticks-its-nose-in-chinese-canadian-energy-deal-2012-09-14 U.S. Sticks its Nose in Chinese-Canadian Energy Deal The $15.1 billion offer from China’s state-controlled … between now and then over the issue. Darling 11/2 (“Brian Darling is Senior Fellow for Government Studies at The Heritage Foundation” http://dailycaller.com/2012/11/02/legislative-lowdown-a-hurricane-of-obama-scandals-hit-before-election-day/) Recent reports from Capitol Hill and the media …erous for voters who favor small government. Krugman, 11/10 (Paul, 11/10/2012, International Herald Tribune, “Hang tough, Mr. President,” Factiva) Mr. Obama essentially surrendered in the face of similar … threats. No deal is better than a bad deal. Seeking Alpha 11-9 ("Even with a Fiscal Cliff Deal, Stocks and the U.S. Economy Will Unravel in 2013," 11--9--12, http://seekingalpha.com/article/995621-even-with-a-fiscal-cliff-deal-stocks-and-the-u-s-economy-will-unravel-in-2013) Ever since the Presidential election was decided, … earnings guidance for the next couple of years. |
| 01/03/2013 | Tournament: USC | Round: 2 | Opponent: Binghamton | Judge: Lemeul
(B.) The alternative fractures the left --- Meditative inaction unites the alternative with right wing china bashers and fractures opposition to the Pentagon’s militarist china policy.
Bello and Mittal 2000
Walden, Anuradha, Dangerous Liaisons: Progressives, the Right, and the Anti-China Trade Campaign, Institute for Food and Development Policy/Food First, May, http://www.tni.org/archives/archives_bello_china
A coalition of forces seeks to deprive China of permanent normal trading relations (PNTR
AND
, "the wrong war at the wrong place at the wrong time".
(B.) Only the permutation solves --- Technology is inevitable and employing it in conjunction with meditative thought preserves our relation to being while making life better. *Star this card* as it assumes their turns.
Heidegger 1955
Martin, Discourse on Thinking, Martin Heidegger: Philosophical and Political Writings pg 94
Let us give it a trial. For all of us, the arrangements,
AND
same time “no,” by an old word, releasement toward things.
---Problem/Solution framing is empirically successful --- Cold war arms control efforts prove you don’t need to reject Cartesian dualisms for successful policy implementation.
Hayward 2006
Steven F., previously the F.K. Weyerhaeuser Fellow at AEI, The Fate of the Earth in the Balance, SOCIETY AND CULTURE, http://www.aei.org/outlook/society-and-culture/the-fate-of-the-earth-in-the-balance/
Is Gore’s high-level metaphysical analysis necessary in the first place? Do we
AND
of Reagan’s Strategic Defense Initiative, are greeted contemptuously for the same reason.
---Their value to life claims are self-fulfilling --- Being is always already at hand; only the alternative’s neurotic concern for the power of technology distracts us from this fact, makes loss of being possible.
Latour 1993
Bruno, We Have Never Been modern, transl. Catherine Porter, pg 66-67
Who has forgotten Being? No one, no one ever has, otherwise Nature
AND
a surer guide than Heidegger: `Sinai gar kai entautha theous.'
---The alternative ends in atrocity --- Calls to ‘let being be’ displace personal responsibility and are ultimately unable to differentiate between gas chambers and toaster ovens.
Bookchin 1995
Murray, Founder of the Institute for Social Ecology and Former Professor @ Ramapo College, Re Re-Enchanting Humanity: A Defense of the Human Spirit Against Antihumanism, Misanthropy, Mysticism and Primitivism, pg. 168-170
Heidegger's views on technology are part of a larger weltanschauung which is too multicolored to
AND
-living people who were put to death by the National Socialist state.
---The alternative fails --- Ontological questioning causes paralysis in the face of oppression.
Levinas and Nemo 1985
Emmanuel, professor of philosophy, and Philippe, professor of new philosophy, Ethics and Infinity, pg. 6-7
Are we not in need of still more precautions? Must we not step back
AND
, in its inability to escape itself, to escape being and essence.
---Prioritizing ontology is bad --- Human situatedness within Being means our relationships are always incomplete and the search for ‘Authenticity’ requires a false distancing which makes it indistinguishable from Nazism.
Zizek 1999
Slavoj, Distinguished Fashion Expert for Abercrombie and Fitch Quarterly, Senior Researcher in the Department of Philosophy at the University of Ljubljana, Slovenia and Codirector of the Center for Humanities at Birkbeck College, University of London, “The Ticklish Subject: The Absent Centre of Political Ontology” pg. 14-15
One can see the ideological trap that caught Heidegger: when he criticizes Nazi racism
AND
ontic engagement, any ontic engagement is depreciated, loses its authentic dignity.
---The alternative’s rejection of human progress results in Nazi resurgence and human extinction.
Faye 2009
Emmanuel, Associate Professor at the University Paris Ouest–Nanterre La Défense, translated into English by Michael B. Smith, Professor Emeritus of French and Philosophy at Berry College and translator of numerous philosophical works into English, Heidegger, the introduction of Nazism into philosophy in light of the unpublished seminars of 1933-1935, pg. 322
The völkisch and fundamentally racist principles Heidegger's Gesamtausgabe transmits strive toward the goal of the
AND
new attempts at the complete destruction of thought and the extermination of humankind. You can’t affirm life and reject the way we celebrate it.
Porter 2000
James, “Nietzsche and the seduction of metaphysics,” http://olincenter.uchicago.edu/pdf/porter.pdf
Suppose that power resides solely in the feeling of power, that, as Nietzsche
AND
and effective is Nietzsche’s critique? How coherent is his view of power? ---Policy planning is life affirming and imbedded within imminence --- Only the negative’s blanket rejection of change reduces the chaos of the world to a knowable ‘status quo’ that the plan deviates from.
Campbell 1993
David, Politics Without Principle, pg. 97-98
To be engaged with the world, whether as an individual or a state,
AND
a strong declaration of one’s position— that is the most important step. ---Life outweighs and preceeds value.
Kateb 1992
George, Professor of Politics at Princeton University, “The Inner Ocean” pg. 141
But neither of these responses will do in the nuclear situation. To affirm existence
AND
nothingness. Things are better than nothing; anything is better than nothing.
---Value to life cannot be measures externally --- Saying you know the exact conditions that make someone elses life not worth living is impossible and dehumanizing.
Schwartz 2002
Lisa, Lecturer in Philosophy of Medicine at the Department of General Practice at the University of Glasgow, Medical Ethic: A case-based approach, Chapter 6: A Value to Life: Who Decides and How? http://asia.elsevierhealth.com/media/us/samplechapters/9780702025433/9780702025433.pdf
The second assertion made by supporters of the quality of life as a criterion for
AND
imperative that we must treat persons as rational and as ends in themselves. |
| 01/03/2013 | Tournament: Coast | Round: | Opponent: | Judge:
Contention 1- investment
The United States currently submits all foreign investment deals related to oil and gas production to the Committee on Foreign Investment in the United States, known as CFIUS. These restrictions chill foreign investment and send a signal of US protectionism. Wilson Center 5-31-12 (Chinese Investment in North American Energy, http://www.wilsoncenter.org/event/chinese-investment-north-american-energy) While Chinese foreign energy investment is on the rise, the more notable story is AND companies, which will allow China’s companies to better extract resources at home.
Scenario 1- Protectionism:
Global trade is on the brink of collapse- rising US protectionism risks global escalation. Lincicome 12 (Scott, trade attorney, “Is Missing American Trade Leadership Beginning to Bear Protectionist Fruit? (Hint: Kinda Looks Like It),” June 12, http://lincicome.blogspot.com/2012/06/is-missing-american-trade-leadership.html) Over the past few years, I and several other US trade-watchers have AND its long-held place at the front of the trade liberalization pack.
And, restrictions on oil and gas investments explode the scope of foreign investment CFIUS reviews. This expansion of the CFIUS process is a protectionist tool to keep out investment. Carroll-Emory International Law Review-09 (James, 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) II. Post 9/11 Application of Exon-Florio After 9/11 AND that Reagan threatened to veto in order to strip the economic security provisions.
And, expanding the scope of CFIUS reviews undermines US trade leadership and triggers retaliation. The impact is global wars. Carroll-Emory International Law Review-09 (James, 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) C. Economic Retaliation as a Result of CFIUS Protectionism Continued use of Exon- AND own interests to take any action that may destabilize the American economy. 182
And, protectionism sparks great power conflict and exacerbates all global problems. Patrick, Senior Fellow-CFR, 09 (Stewart, senior fellow and director of the Program on International Institutions and Global Governance at the Council on Foreign Relations, “Protecting Free Trade,” National Interest, March 13, 2009, http://nationalinterest.org/article/protecting-free-trade-3060?page=show) President Obama has committed to working with U.S. trade partners to avoid AND daily economic intelligence briefing, distilling the security implications of the global crisis.
And, Unilateral FDI liberalization is key to prevent trade policy backsliding which dooms global economic recovery. Erixon and Sally, directors-ECIPE, 10 (Fredrik and Razeen, European Centre for International Political Economy, TRADE, GLOBALISATION AND EMERGING PROTECTIONISM SINCE THE CRISIS, http://www.ecipe.org/media/publication_pdfs/trade-globalisation-and-emerging-protectionism-since-the-crisis.pdf) italics are from original source We think Mr. Bentham’s world-view will cause damage, not only to domestic economies but also to the world trading system. This will not be a replay of the 1930s, but a replay of the 1970s is a serious prospect. The world is in danger of undoing the market reforms of the 1980s and ‘90s that brought unprecedented prosperity, especially to emerging markets outside the West. Like the 1970s, policy backsliding could prolong a severe downturn and compromise eventual recovery. The short-term challenge is to arrest the slide to Big Government at home and creeping protectionism abroad. The medium-term challenge is to get back on track with trade and FDI liberalisation combined with domestic structural reforms – substantial “unfinished business” left before the crisis struck. More, not less, markets and globalisation are what the world needs. That is primarily a matter for unilateral action by governments and competitive emulation among them. It can be reinforced by international policy cooperation in the WTO, G20 and other fora, but not too much can be expected of cumbersome global-governance mechanisms. Overall, limits to government intervention and a well-functioning market economy are of a piece with open markets, economic globalisation and international political stability.
Scenario 2- Economic Collapse:
Chinese FDI to the US declined sharply in 2012 but could rebound if the US takes steps to liberalize its national security FDI policy towards China. Hanemann 12-28 (Theo, research director at the Rhodium Group and leads the firm’s cross-border investment work, Chinese FDI in the US in 2012, http://rhgroup.net/notes/chinese-direct-investmnet-in-the-u-s-in-2012-a-record-year-amid-a-gloomy-fdi-environment) AGAINST THE GLOBAL TREND The recent growth of Chinese investment is even more remarkable in AND the United States remains a top destination for FDI from China and elsewhere. But, CFIUS is increasingly assertive over Chinese energy deals---Casting a shadow over future investment Crooks-Financial Times-9/11/12 http://www.ft.com/intl/cms/s/0/4f880244-f90a-11e1-945b-00144feabdc0.html#axzz26DtOgO5Z Oil tie-up is test for US deal-watchers Over the latest three years for which data are publicly available, Cfius required legally AND oil company owning assets that are a big deal here in the US.”
And, energy restrictions destroy investor confidence, which crushes the dollar and triggers economic recession- the vague CFIUS interpretation of national security chills ALL foreign investment. Carroll-Emory International Law Review-09 (James, 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) B. National Security and Investor Uncertainty The uncertain interpretation of national security in Exon AND investment is more vital than ever to provide liquidity to American markets. 164
And, economic decline causes great power war. Royal 2010 Jedediah, Director of Cooperative Threat Reduction at the U.S. Department of Defense, “Economic Integration, Economic Signaling and the Problem of Economic Crises,” in Economics of War and Peace: Economic, Legal and Political Perspectives, ed. Goldsmith and Brauer, pg. 213-215 Less intuitive is how periods of economic decline may increase the likelihood of extern conflict AND not featured prominently in the economic-security debate and deserves more attention.
We’re on the brink of a double dip recession- boosting investor confidence is key. Rickards, 12 (James, economist and investment banker with 35 years of experience working in capital markets on Wall Street and the author of NYT Bestselling book Currency Wars: The Making of the Next Global Crisis, “Why We Should Still Be Worried about a Double-Dip Recession,” February 27, 2012, http://www.usnews.com/opinion/blogs/economic-intelligence/2012/02/27/why-we-should-still-be-worried-about-a-double-dip-recession) The late summer and fall of 2011 was filled with fears of a double- AND certainty returns and, on current form, that may be years away.
And, the plan is a quick injection of capital which is critical to economic recovery. Xu et al 12 (Ting, China and Economy consultant for Bertelsmann Stiftung, with Thieß Petersen and Tianlong Wang, Cash in Hand: Chinese Foreign Direct Investment in the U.S. and Germany, June, http://www.bfna.org/sites/default/files/publications/Cash%20in%20Hand%20Second%20Edition%20final.pdf) Although Chinese FDI has drawn increasing attention in the U.S. and Germany AND in bringing those countries that are facing a credit crunch back to growth.
Iran Adv- Harv-3:51
Removing restrictions on investment in US oil and gas production is the best way to get China to increase their support for Iran sanctions- that’s critical to effective international pressure. Downs, China fellow at Brookings, 12 (Erica S. Downs is a fellow at the John L. Thorton China Center at The Brookings Institution, “Getting China to Turn on Iran,” July 19, http://nationalinterest.org/commentary/getting-china-turn-iran-7215) Over the past decade, as the United States employed increasingly robust sanctions to gradually AND the greater the chance they will think twice about doing business in Iran. The Chinese government responded to the new U.S. sanctions signed into law AND This dual stance is attributable to the business decisions made by China’s NOCs.
Allowing Chinese majority shares of US oil and gas production is critical garnering Chinese compliance on Iran. Only the signal of the plan solves Iran nuclearization. Downs, Brookings China Fellow, October ‘12 (Erica, CHINA, IRAN AND THE NEXEN DEAL, OPTIONS POLITIQUES, http://www.irpp.org/po/archive/oct12/downs.pdf) Meanwhile the expansion of the Chinese NOC footprint in the United States has coincided with AND nuclear program may run through the headquarters of CNOOC, CNPC and Sinopec.
Iranian nuclearization makes nuclear war inevitable in the Middle East- even small conflicts could escalate to all out war. Kahl, Senior Fellow, the Center for a New American Security, 12 (Colin, former Deputy Assistant Secretary of Defense for the Middle East and Senior Fellow, the Center for a New American Security, Iran and the Bomb, Foreign Affairs; Sep/Oct2012, Vol. 91 Issue 5, p157-162) Waltz writes that "policymakers and citizens in the Arab world, Europe, Israel AND and the consequences of even a low-probability outcome could be devastating.
Iranian nuclearization causes regional and global arms racing. Cirincione 06 (Joseph, Sr. Assoc. and Director @ the Non-Proliferation Project @ the Carnegie Endowment for International Peace, Summer, SAIS Review, “A New Non-Proliferation Strategy”) The danger posed by the acquisition of nuclear weapons by Iran or North Korea is AND decade-compounded by the existing political and territorial disputes still unresolved.4
This risks global nuclear conflict- new prolif risks theft, unauthorized use, terrorism, and crisis escalation. Busch, Professor of Government-Christopher Newport, 04 (Nathan, “No End in Sight: The Continuing Menace of Nuclear Proliferation” p 281-314) Summing Up: Will the Further Spread of Nuclear Weapons Be Better or Worse? AND proliferation in hopes that the stability predicted by the optimists will indeed occur.
Sanctions work- evidence suggests they will bring Iran back to the negotiating table. Kahl 12 (Colin, Senior Fellow at the Center for a New American Security, Not Time to Attack Iran, Foreign Affairs, 00157120, Mar/Apr2012, Vol. 91, Issue 2) In making the case for preventive war as the least bad option, Kroenig AND emphasize that all options, including military action, remain on the table.
China Gas- SCS, H20, pollution-4:30
Contention is Chinese Gas:
China is limiting itself to “hands off” oil and gas deals – these small partnerships don’t secure technical expertise to develop Chinese shale – this puts them decades behind gas targets Mandel 7-17 (Jenny, Reporter for EnergyWire, a daily publication covering the unconventional oil and gas sectors, Previous positions with EandE include editing Land Letter and writing news and feature stories for Greenwire, ClimateWire, and other news outlets, “Will U.S. shale technology make the leap across the Pacific?,” EnergyWire: Tuesday, July 17, 2012, http://www.eenews.net/public/energywire/2012/07/17/1) Modes of tech transfer Despite the challenges, the allure of a massive new domestic AND pursue contracts for natural gas imports to satisfy the strong and growing demand.
US gas companies currently negotiate passive deals for China because of CFIUS restrictions. Knowledge @ Wharton 12 (China's Underground Race for Shale Gas, aug 21, http://knowledge.wharton.upenn.edu/arabic/article.cfm?articleid=2851) Meanwhile, in the U.S., shale gas leaders, such as Devon AND Chinese companies may be able to negotiate better terms, says CATF's Sung.
Only the US has the expertise necessary for China to develop its shale resources- increased Chinese access to US drilling techniques and regulatory methods is critical. Forbes, manager- Shale Gas Initiative at the World Resources Institute, 12 (Sarah, also the Senior Associate for the Climate and Energy Program at the World Resources Institute, HEARING BEFORE THE U.S.-CHINA ECONOMIC AND SECURITY REVIEW COMMISSION: “CHINA’S GLOBAL QUEST FOR RESOURCES AND IMPLICATIONS FOR THE UNITED STATES; CHINA’S PROSPECTS FOR SHALE GAS AND IMPLICATIONS FOR THE U.S.,” January 26, http://pdf.wri.org/testimony/forbes_testimony_china_shale_gas_2012-01-26.pdf) Are there risks as well as opportunities for U.S. companies? From AND aware of and take into account while pursuing and designing Chinese domestic development.
Chinese shale development key to displace their coal use—renewables cant be scaled up fast enough. Hanger 12 (John, Special Counsel at the law firm Eckert Seamans, and former Secretary of the Pennsylvania Department of Environmental Protection and Commissioner of the Pennsylvania Public Utility Commission, “China Gets Cracking on Fracking: The Best Environmental News Of The Year?,” Aug 14, http://johnhanger.blogspot.com/2012/08/china-gets-cracking-on-fracking-good.html) China sits on natural gas reserves that are estimated to be 50% higher than the massive gas reserves in the USA. http://news.nationalgeographic.com/news/energy/2012/08/120808-china-shale-gas/. Despite this gargantuan gas resource, coal provides China 80% of its electricity, compared to 34% in the USA, as of May 2012. Why the difference? The shale gas boom that is now more than 10 years long in the USA is just getting started in China and so the Chinese remain heavily reliant on coal to make electricity and for their total energy. Around the world, the basic energy choice is coal or gas. China is just the biggest example of this fundamental fact. China's reliance on coal means that its economic growth brings skyrocketing carbon emissions and other air pollution. Indeed, Chinese air quality is infamous around the world, and smog has been so thick that Beijing airport has been unable to land planes for short periods. As of 2011, China was responsible for 29% of the world's carbon emissions, while the US produced 16%, even though the US economy is still considerably bigger than China's. Moreover, US carbon emissions are declining to 1992 levels, but China's emissions skyrocket. Though China is building substantial new wind, solar, and nuclear generation, those investments are not enough to cut Chinese coal consumption, given economic growth that is still 7% in what some describe as an economic slowdown. Shale gas, however, could be big enough to actually displace significant amounts of coal in China. More gas in China means less mercury, soot. lead, smog, and carbon emissions. China's energy plans call for shale gas to provide 6% of its total energy as soon as 2020. If it achieves that goal, China will avoid more than 500 million tons of carbon pollution per year or about 1.5% of today's total carbon emissions.
Increasing demand for Chinese coal production causes water shortages which threaten economic collapse and political instability. Schneider 11 (Keith, senior editor for Circle of Blue-a nonprofit focusing on resource shortages founded in 2000, Choke Point: China—Confronting Water Scarcity and Energy Demand in the World’s Largest Country, Feb 15, http://www.circleofblue.org/waternews/2011/world/choke-point-china%E2%80%94confronting-water-scarcity-and-energy-demand-in-the-world%E2%80%99s-largest-country/) By any measure, conventional and otherwise, China’s tireless advance to international economic prominence AND rising incomes and improving opportunities, is at risk, say some authorities.
Chinese economic collapse causes Asian and Middle East conflict- China will turn outwardly aggressive. Newmeyer 09 DR. JACQUELINE NEWMYER - LONG TERM STRATEGY GROUP- THE CENTER FOR NATIONAL POLICY “ECONOMIC CRISIS: IMPACT ON CHINESE MILITARY MODERNIZATION” APRIL 8, 2009, http://cnponline.org/index.php?ht=a/GetDocumentAction/i/12503 So I think either way, either because of the insecurity that is stoked AND the downturn would lead to a greater chance of conflict abroad for China.
And, economic decline causes war. Royal 2010 Jedediah, Director of Cooperative Threat Reduction at the U.S. Department of Defense, “Economic Integration, Economic Signaling and the Problem of Economic Crises,” in Economics of War and Peace: Economic, Legal and Political Perspectives, ed. Goldsmith and Brauer, pg. 213-215 Less intuitive is how periods of economic decline may increase the likelihood of extern conflict AND not featured prominently in the economic-security debate and deserves more attention.
And, pollution from coal causes environmental protests that threaten CCP rule. LeVine 12 (Steve, author of The Oil and the Glory, Foreign Policy contributor, CHINA The Cost of Coal , The Weekly Wrap -- Aug. 3, 2012, http://oilandglory.foreignpolicy.com/posts/2012/08/03/the_weekly_wrap_aug_3_2012_part_i) China's moment of coal truth: A question that has vexed us for some time AND and economic outcomes. And yet that is exactly what we are seeing.
Those pollution protests causes Chinese instability and CCP lashout Nankivell 05 (Nathan, Senior Researcher @ Office of the Special Advisor Policy, Maritime Forces Pacific Headquarters, Canadian Department of National Defence, China's Pollution and the Threat to Domestic and Regional Stability, China Brief Vol: 5 Issue: 22, http://www.jamestown.org/programs/chinabrief/single/?tx_ttnews%5Btt_news%5D=3904andtx_ttnews%5BbackPid%5D=195andno_cache=1) As the impact of pollution on human health becomes more obvious and widespread, it AND border. All of these situations would alter security assumptions in the region.
This causes the CCP to launch WMDs and kill billions to try to hold onto power Renxin 05 Renxin, Journalist, 8-3-2K5 (San, “CCP Gambles Insanely to Avoid Death,” Epoch Times, www.theepochtimes.com/news/5-8-3/30931.html) Since the Party’s life is “above all else,” it would not be surprising AND as something one finds difficult to tell whether it is false or true.
And, Chinese pollution causes nuclear war with Russia Nankivell 05 (Nathan, Senior Researcher @ Office of the Special Advisor Policy, Maritime Forces Pacific Headquarters, Canadian Department of National Defence, China's Pollution and the Threat to Domestic and Regional Stability, China Brief Vol: 5 Issue: 22, http://www.jamestown.org/programs/chinabrief/single/?tx_ttnews%5Btt_news%5D=3904andtx_ttnews%5BbackPid%5D=195andno_cache=1) In addition to the concerns already mentioned, pollution, if linked to a specific AND in full-scale war between two powerful, nuclear-equipped nations.
And, shale development key to Chinese energy security. Downs 00 (Erica, China Fellow @ Brookings, CHINA’S ENERGY SECURITY ACTIVITIES, http://www.rand.org/content/dam/rand/pubs/monograph_reports/MR1244/MR1244.ch3.pdf) The Chinese government can also improve China’s energy security through development of the country’s natural AND concerns—possibly a fear of foreign control over China’s gas resources. 76
The impact is China-India energy wars. Clement 12 (Nicholas, China and India Vie for Energy Security, May 25, http://www.2point6billion.com/news/2012/05/25/china-and-india-vie-for-energy-security-11177.html) The competitive relationship between China and India has become a defining feature of the strategic AND ongoing diplomatic engagement between China and India to avoid unnecessary or accidental escalation.
Participating in oil joint ventures boosts US-China energy coop, allowing them to learn from us and control air pollution and environmental degradation. Wu, Brookings Visiting Fellow, 08 (Richard Weixing Hu, Advancing Sino-U.S. Energy Cooperation Amid Oil Price Hikes, March, http://www.brookings.edu/research/opinions/2008/03/energy-hu) Fourth, both governments should encourage their energy companies to collaborate in jointly enlarging the AND air and a considerable contribution to the common course of global environmental protection.
And, politicization of Chinese energy deals independently undermines US-China energy relations, which causes hostile Chinese naval modernization. Lieberthal and Herberg 06 (Kenneth, Distinguished Fellow and Director for China at The William Davidson institute, and research associate of the China Center at the University of Michigan, and Mikkal, Director of the asian Energy security program at The national bureau of asian research, China’s Search for Energy Security: Implications for U.S. Policy*, http://www.nbr.org/publications/nbranalysis/pdf/vol17no1.pdf) Both the United States and China will benefit if they can develop a collaborative relationship AND each other’s energy insecurities and find new ways to work toward cooperative outcomes.
Chinese naval modernization causes miscalculation, risking conflict with the US. United States-China Economic and Security Review Commission 09 (“THE IMPLICATIONS OF CHINA’S NAVAL MODERNIZATION FOR THE UNITED STATES,” HEARING BEFORE THE U.S.-CHINA ECONOMIC AND SECURITY REVIEW COMMISSION ONE HUNDRED ELEVENTH CONGRESS FIRST SESSION, June 11, http://www.uscc.gov/hearings/2009hearings/transcripts/09_06_11_trans/09_06_11_trans.pdf) In this hearing, witnesses told the Commission that the Chinese People’s Liberation Army ( AND As a consequence, a naval arms race in East Asia may ensue.
The risk of conflict in the South China Sea is particularly high- focusing on improving relations is critical. Glaser, CSIS Senior Fellow, 12 (Bonnie, Senior Fellow,Center for Strategic and International Studies, Armed Clash in the South China Sea, http://www.cfr.org/east-asia/armed-clash-south-china-sea/p27883) The risk of conflict in the South China Sea is significant. China, Taiwan AND one of the various disputes in the South China Sea from escalating militarily.
Plan
Thus the plan:
The United States Federal Government should exclude crude oil and natural gas production from Exon-Florio reviews.
Solvency-:45
Contention 4-Solvency:
Narrowing the definition of national security to exclude “energy assets” insulates the CFIUS process from protectionist manipulation. Carroll-Emory International Law Review-9 23 Emory Int'l L. Rev. 167 COMMENT: BACK TO THE FUTURE: REDEFINING THE FOREIGN INVESTMENT AND NATIONAL SECURITY ACT'S CONCEPTION OF NATIONAL SECURITY Conclusion Exon-Florio should be amended to more narrowly define national security. The AND by embracing globalization and cooperation can the United States truly achieve national security.
And, oil and gas are the key energy issues for CFIUS. Ellis-Vinson and Elkins LLP-6/1/07 US energy and foreign direct investment: Is the foreign capital flow for oil and gas at risk? http://www.ogfj.com/articles/print/volume-4/issue-6/capital-perspectives/us-energy-and-foreign-direct-investment-is-the-foreign-capital-flow-for-oil-and-gas-at-risk.html Energy has traditionally been an area of some concern for CFIUS. In fact, AND were energy-related - a trend that has continued thus far in 2007
And, the US should clarify that energy production does not undermine national security-- explicitly exempting specific industries from CFIUS review is key. Pane 05 (Marc, studied ILaw at Fordham, worked for the Office of the Principal Defender for the Special Court for Sierra Leone, CNOOC’s Bid for UNOCAL: Now is the Time to Improve theExon-Florio Amendment, http://www.scribd.com/doc/61823408/CNOOC-s-Bid-for-UNOCAL-Now-is-the-Time-to-Improve-the-Exon-Florio-Amendment) What does this all mean for Exon-Florio? Almost since its enactment, AND from global energy markets might result in a greater risk of supply disruption). |
| 01/07/2013 | Tournament: CSF | Round: 1 | Opponent: Wayne State | Judge: P. Kennedy
Voting issue - Permute- do the counterplan-
A. Nullifying a law is the same thing as reducing a restriction.
Duchossois Indus. v. United States, 2010-1 U.S. Tax Cas. (CCH) P50,344 2010
In Kohler, the taxpayer purchased $ 19.5 million in Mexican pesos for
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or restrictions that devalues the pesos and lowers the value of the stock.
B. the Court can “reduce restrictions”- contextual evidence
Shim 96 (Yumee, Mountain States Legal Foundation v. Glickman: When a Tree Falls in the Forest, is Anything Left (Of) Standing?, Fall, 1996, 15 Temp. Envtl. L. and Tech. J. 277)
Specifically, plaintiffs alleged that the implementation of the Guidelines would drive up the price
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agency to comply with the procedural commands of NFMA and NEPA ...." Id.
2. Permute- do both- Court action provides political cover.
Zotnick, law prof- RWU, 04
David M. Zlotnick, associate professor of law at the Roger Williams University School of Law, visiting professor of law at Washington College, Spring 2004, Roger Williams University Law Review, 9 Roger Williams U. L. Rev. 645, p. 684 On the federal level, the time has come to listen to the voices of
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, this makes a travesty of the justice they have sworn to uphold. 3. CP Links to Politics
Treanor and Sperling, 1993 (William Michael, Associate Professor of Law @ Fordham University, and Gene B., Deputy Assistant to the President for Economic Policy, December, Prospective Overruling and the Revival of "unconstitutional" Statutes, 93 Colum. L. Rev. 1902, Columbia Law Review) A judicial decision invalidating a statute also skews the political dynamic because, as a
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different for the two camps, he voted in favor of the bill.
4. Congress key to Chinese investment – hostility perception.
Rosen and Hanemann 2011
Daniel H. Rosen is Founder and China Practice leader of the Rhodium Group and adjuct professor at Columbia University, Thilo Hanemann is Research Director at the Rhodium Group, AN AMERICAN OPEN DOOR?, May 2011, http://asiasociety.org/files/pdf/AnAmericanOpenDoor_FINAL.pdf Though the annual numbers are doubling, there is a growing perception in China that
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in this messaging given its oversight role and recent activism on foreign investment.
5. Turn- Delay-
a. the CP will be appealed which delays the final decision
Rosenberg, Law Prof- Chicago, 1991 (Gerald, The Hollow Hope, pg. 87) The judiciary, like other large political institutions, is afflicted with many bureaucratic problems
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judicial remedy is to return to court and re-start the process.
6. Delays causes FDI chilling that wrecks the economy
Hamilton and Quinlan 06 (Daniel, and Joseph, Protecting Our Prosperity
Ensuring Both National Security and the Benefits of Foreign Investment in the United States, NATIONAL FOUNDATION FOR AMERICAN POLICY, JUNE, http://transatlantic.sais-jhu.edu/transatlantic-topics/Articles/economy/ProtectingOurProsperity_NFAP_June_20_2006.pdf) Fifth, don’t shoot yourself in the foot. Political uncertainties and potential delays for
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inflation, less innovation, lower wages, and lower stock prices. 35 7. CP will be rolled back.
Pacelle, poli sci prof-Missouri, 02 (Richard, poli sci prof and legal studies coordinator at the univ of Missouri at St. Louis The Role of the Supreme Court in American Politics: The Least Dangerous Branch?, p92)
Even if the Supreme Court was to carve out some sphere of power for itself
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the other branches and the public, the cost is its institutional legitimacy. |
| 01/07/2013 | Tournament: CSF | Round: 1 | Opponent: Wayne State | Judge: P. Kennedy
Won’t pass – budget and gun battles
The Republic 1-4 (‘Cliff’ fight, gun control pushing immigration reform out of spotlight, http://www.azcentral.com/news/politics/articles/20130103immigration-reform-at-crossroads.html)
Immigration reform jumped to the top of President Barack Obama’s second-term agenda after
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be able to debate a comprehensive immigration-reform bill,” he said. Immigration vote won’t be until summer even if they immediately hammer out a bill
Voorhees 1-3 (Josh, editor of The Slatest. Before that, he reported on energy policy and politics for Politico and Greenwire, http://www.slate.com/blogs/the_slatest/2013/01/03/obama_s_immigration_plans_white_house_officials_suggest_early_2013_won_t.html)
With one fiscal-cliff fight in the rearview mirror and several more likely looming
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likely be early or mid-summer before any concrete actions are taken. Nexen deal swamps the link – the process is a political firestorm
Talaga 12/18/12 (Tanya, staffwriter, “U.S. must approve sale of Nexen to Chinese” http://www.thestar.com/news/canada/article/1304315~-~-u-s-must-approve-sale-of-nexen-to-chinese) Now that the Canadian government has cleared the $15.1-billion Nexen
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agree, the decision will be U.S. President Barack Obama’s. Gas lobby makes the plan pass without a fight
Froomkin 11 (Dan, contributing editor of Nieman Reports, “How the Oil Lobby Greases Washington’s Wheels,” HUFFINGTON POST, 4-6-11, http://www.huffingtonpost.com/2011/04/06/how-the-oil-lobby-greases_n_845720.html)
Clout in Washington isn't about winning legislative battles -- it's about making sure that they
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votes to block any legislation -- never even took a stab at it. Foreign investment in oil and gas is popular
Orol 12 (Rob, senior writer for The Deal magazine and The Daily Deal
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deal for Nexen seen succeeding,” MarketWatch August 16, 2012, lexis)
Lobbyists hired early Also greasing the wheels, Cnooc hired Hill+Knowlton, a
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world and companies from all over the world want in on that action.” The plan is guidance not legislation
Jackson 10 (James K. Jackson, CRS Specialist in International Trade and Finance, Foreign Investment, CFIUS, and Homeland Security: An Overview, February 4, http://fpc.state.gov/documents/organization/138597.pdf) While CFIUS’s activities often seem to be quite opaque, the Committee is not free
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interest activities from falling under foreign control, primarily for national defense purposes.
That means no link
Hamilton and Schroeder 1994 James T. Hamilton is an assistant Professor of Public Policy, Economics and Political Science at Duke University, Christopher H. Schroeder is a Professor of Law at Duke University School of Law “Strategic Regulators and the Choice of Rulemaking Procedures: The Selection of Formal vs. Informal Rules in Regulating Hazardous Waste http://scholarship.law.duke.edu/cgi/viewcontent.cgi?article=4229andcontext=lcp
3. As the regulatory costs imposed on parties increase, the more likely the
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parties since informal rules may be applied with more discretion than formal rules. Political capital not key to the agenda
Klein 12 (Ezra, citing George Edwards, the director of the Center of Presidential studies at Texas A and M is the editor of Wonkblog and a columnist at the Washington Post, as well as a contributor to MSNBC and Bloomberg. “THE UNPERSUADED” http://www.newyorker.com/reporting/2012/03/19/120319fa_fact_klein?currentPage=5) The Obama Administration was taken by surprise when congressional Republicans turned against the individual mandate
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might have the perverse effect of making it harder for him to govern.
US policy irrelevant to Latin America Barshefsky et al, former US Trade Representative and Vice Chair of the International Law Section of the American Bar Association, May 2008
Charlene, U.S.-Latin America Relations: A New Direction for a New Reality, http://www.cfr.org/content/publications/attachments/LatinAmerica_TF.pdf It is a cliche´ to bemoan Americans’ lack of interest in Latin America.
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with the EU and a number of Asian countries, China most prominently. Aff turns latin American instability – economic growth Smith 08 (Peter, Distinguished Professor of Political Science and Simon Bolívar Professor of Latin American Studies at the University of California, San Diego, and Melissa Ziegler Ph.D. candidate UC San Diego, “Liberal and Illiberal Democracy in Latin America,” Latin American Politics and Society, Coral Gables: Spring 2008. Vol. 50, Iss. 1) The common-sense expectation is that the ability of any type of regime to
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either transition variable. Democracies do not live or die by bread alone. |
| 01/08/2013 | Tournament: | Round: | Opponent: | Judge: Wilson Center 5-31-12 (Chinese Investment in North American Energy, http://www.wilsoncenter.org/event/chinese-investment-north-american-energy)
While Chinese foreign energy investment is on the rise, the more notable story is
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companies, which will allow China’s companies to better extract resources at home. Lincicome 12 (Scott, trade attorney, "Is Missing American Trade Leadership Beginning to Bear Protectionist Fruit? (Hint: Kinda Looks Like It)," June 12, http://lincicome.blogspot.com/2012/06/is-missing-american-trade-leadership.html)
Over the past few years, I and several other US trade-watchers have
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its long-held place at the front of the trade liberalization pack. Carroll-Emory International Law Review-09 (James, 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) II. Post 9/11 Application of Exon-Florio After 9/11
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that Reagan threatened to veto in order to strip the economic security provisions. And, expanding the scope of CFIUS reviews undermines US trade leadership and triggers retaliation. The impact is global wars.Carroll-Emory International Law Review-09 (James, 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) C. Economic Retaliation as a Result of CFIUS Protectionism Continued use of Exon-
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own interests to take any action that may destabilize the American economy. 182 And, protectionism sparks great power conflict and exacerbates all global problems.Patrick, Senior Fellow-CFR, 09 (Stewart, senior fellow and director of the Program on International Institutions and Global Governance at the Council on Foreign Relations, "Protecting Free Trade," National Interest, March 13, 2009, http://nationalinterest.org/article/protecting-free-trade-3060?page=show)
President Obama has committed to working with U.S. trade partners to avoid
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daily economic intelligence briefing, distilling the security implications of the global crisis. And, Unilateral FDI liberalization is key to prevent trade policy backsliding which dooms global economic recovery.Erixon and Sally, directors-ECIPE, 10 (Fredrik and Razeen, European Centre for International Political Economy, TRADE, GLOBALISATION AND EMERGING PROTECTIONISM SINCE THE CRISIS, http://www.ecipe.org/media/publication_pdfs/trade-globalisation-and-emerging-protectionism-since-the-crisis.pdf) ~italics are from original source~ We think Mr. Bentham’s world-view will cause damage, not only to domestic economies but also to the world trading system. This will not be a replay of the 1930s, but a replay of the 1970s is a serious prospect. The world is in danger of undoing the market reforms of the 1980s and ’90s that brought unprecedented prosperity, especially to emerging markets outside the West. Like the 1970s, policy backsliding could prolong a severe downturn and compromise eventual recovery. The short-term challenge is to arrest the slide to Big Government at home and creeping protectionism abroad. The medium-term challenge is to get back on track with trade and FDI liberalisation combined with domestic structural reforms – substantial "unfinished business" left before the crisis struck. More, not less, markets and globalisation are what the world needs. That is primarily a matter for unilateral action by governments and competitive emulation among them. It can be reinforced by international policy cooperation in the WTO, G20 and other fora, but not too much can be expected of cumbersome global-governance mechanisms. Overall, limits to government intervention and a well-functioning market economy are of a piece with open markets, economic globalisation and international political stability. Hanemann 12-28 (Theo, research director at the Rhodium Group and leads the firm’s cross-border investment work, Chinese FDI in the US in 2012, http://rhgroup.net/notes/chinese-direct-investmnet-in-the-u-s-in-2012-a-record-year-amid-a-gloomy-fdi-environment)
AGAINST THE GLOBAL TREND The recent growth of Chinese investment is even more remarkable in
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the United States remains a top destination for FDI from China and elsewhere. And, energy restrictions destroy investor confidence, which crushes the dollar and triggers economic recession- the vague CFIUS interpretation of national security chills ALL foreign investment.Carroll-Emory International Law Review-09 (James, 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)
B. National Security and Investor Uncertainty The uncertain interpretation of national security in Exon
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investment is more vital than ever to provide liquidity to American markets. 164 And, economic decline causes great power war.Royal 2010
Jedediah, Director of Cooperative Threat Reduction at the U.S. Department of Defense, "Economic Integration, Economic Signaling and the Problem of Economic Crises," in Economics of War and Peace: Economic, Legal and Political Perspectives, ed. Goldsmith and Brauer, pg. 213-215
Less intuitive is how periods of economic decline may increase the likelihood of extern conflict
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not featured prominently in the economic-security debate and deserves more attention. The fiscal cliff has jacked investment and slowed growth to anemic levels – absent the plans infusion of capital there will be a second depressionFIELDHOUSE 1/4/13 (ANDREW, federal budget policy analyst at the Economic Policy Institute, He previously worked as an assistant budget analyst and research assistant with the House Budget Committee. His areas of research and interest include federal tax and budget policy, political economy, public investment, stabilization policy, and macroeconomicsB.A. Economics and Political Science, Swarthmore College "Premature Austerity" http://www.counterpunch.org/2013/01/04/premature-austerity/-http://www.counterpunch.org/2013/01/04/premature-austerity/)
My colleague Josh Bivens outlined the contours-http://www.counterpunch.org/2013/01/03/fiscal-cliff-averted/ of this weekend’s 11th hour budget deal,
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2013 because of premature budget austerity and policymakers’ abdication of promoting full employment. And, the plan is a quick injection of capital which is critical to economic recovery.Xu et al 12 (Ting, China and Economy consultant for Bertelsmann Stiftung, with Thieß Petersen and Tianlong Wang, Cash in Hand: Chinese Foreign Direct Investment in the U.S. and Germany, June,
http://www.bfna.org/sites/default/files/publications/Cash%20in%20Hand%20Second%20Edition%20final.pdf)
Although Chinese FDI has drawn increasing attention in the U.S. and Germany
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in bringing those countries that are facing a credit crunch back to growth. Removing restrictions on investment in US oil and gas production is the best way to get China to increase their support for Iran sanctions- that’s critical to effective international pressure.Downs, China fellow at Brookings, 12 (Erica S. Downs is a fellow at the John L. Thorton China Center at The Brookings Institution, "Getting China to Turn on Iran," July 19, http://nationalinterest.org/commentary/getting-china-turn-iran-7215) Over the past decade, as the United States employed increasingly robust sanctions to gradually
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the greater the chance they will think twice about doing business in Iran.
The Chinese government responded to the new U.S. sanctions signed into law
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This dual stance is attributable to the business decisions made by China’s NOCs. Allowing Chinese majority shares of US oil and gas production is critical garnering Chinese compliance on Iran. Only the signal of the plan solves Iran nuclearization.Downs, Brookings China Fellow, October ’12 (Erica, CHINA, IRAN AND THE NEXEN DEAL, OPTIONS POLITIQUES, http://www.irpp.org/po/archive/oct12/downs.pdf)
Meanwhile the expansion of the Chinese NOC footprint in the United States has coincided with
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nuclear program may run through the headquarters of CNOOC, CNPC and Sinopec. Kahl, Senior Fellow, the Center for a New American Security, 12 (Colin, former Deputy Assistant Secretary of Defense for the Middle East and Senior Fellow, the Center for a New American Security, Iran and the Bomb, Foreign Affairs; Sep/Oct2012, Vol. 91 Issue 5, p157-162)
Waltz writes that "policymakers and citizens in the Arab world, Europe, Israel
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and the consequences of even a low-probability outcome could be devastating. Iranian nuclearization causes regional and global arms racing.Cirincione 06 (Joseph, Sr. Assoc. %26 Director @ the Non-Proliferation Project @ the Carnegie Endowment for International Peace, Summer, SAIS Review, "A New Non-Proliferation Strategy")
The danger posed by the acquisition of nuclear weapons by Iran or North Korea is
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decade-compounded by the existing political and territorial disputes still unresolved.4 This risks global nuclear conflict- new prolif risks theft, unauthorized use, terrorism, and crisis escalation.Busch, Professor of Government-Christopher Newport, 04 (Nathan, "No End in Sight: The Continuing Menace of Nuclear Proliferation" p 281-314)
Summing Up: Will the Further Spread of Nuclear Weapons Be Better or Worse?
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proliferation in hopes that the stability predicted by the optimists will indeed occur. Kahl 12 (Colin, Senior Fellow at the Center for a New American Security, Not Time to Attack Iran, Foreign Affairs, 00157120, Mar/Apr2012, Vol. 91, Issue 2)
In making the case for preventive war as the least bad option, Kroenig
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emphasize that all options, including military action, remain on the table. China is limiting itself to "hands off" oil and gas deals – these small partnerships don’t secure technical expertise to develop Chinese shale – this puts them decades behind gas targetsMandel 7-17 (Jenny, Reporter for EnergyWire, a daily publication covering the unconventional oil and gas sectors, Previous positions with E%26E include editing Land Letter and writing news and feature stories for Greenwire, ClimateWire, and other news outlets, "Will U.S. shale technology make the leap across the Pacific?," EnergyWire: Tuesday, July 17, 2012, http://www.eenews.net/public/energywire/2012/07/17/1) Modes of tech transfer Despite the challenges, the allure of a massive new domestic
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pursue contracts for natural gas imports to satisfy the strong and growing demand. Knowledge @ Wharton 12 (China’s Underground Race for Shale Gas, aug 21, http://knowledge.wharton.upenn.edu/arabic/article.cfm?articleid=2851) Meanwhile, in the U.S., shale gas leaders, such as Devon
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Chinese companies may be able to negotiate better terms, says CATF’s Sung. Only the US has the expertise necessary for China to develop its shale resources- increased Chinese access to US drilling techniques and regulatory methods is critical.Forbes, manager- Shale Gas Initiative at the World Resources Institute, 12 (Sarah, also the Senior Associate for the Climate and Energy Program at the World Resources Institute, HEARING BEFORE THE U.S.-CHINA ECONOMIC AND SECURITY REVIEW COMMISSION: "CHINA’S GLOBAL QUEST FOR RESOURCES AND IMPLICATIONS FOR THE UNITED STATES; CHINA’S PROSPECTS FOR SHALE GAS AND IMPLICATIONS FOR THE U.S.," January 26, http://pdf.wri.org/testimony/forbes_testimony_china_shale_gas_2012-01-26.pdf)
Are there risks as well as opportunities for U.S. companies? From
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aware of and take into account while pursuing and designing Chinese domestic development. Hanger 12 (John, Special Counsel at the law firm Eckert Seamans, and former Secretary of the Pennsylvania Department of Environmental Protection and Commissioner of the Pennsylvania Public Utility Commission, "China Gets Cracking on Fracking: The Best Environmental News Of The Year?," Aug 14, http://johnhanger.blogspot.com/2012/08/china-gets-cracking-on-fracking-good.html) China sits on natural gas reserves that are estimated to be 50% higher than the massive gas reserves in the USA. http://news.nationalgeographic.com/news/energy/2012/08/120808-china-shale-gas/. Despite this gargantuan gas resource, coal provides China 80% of its electricity, compared to 34% in the USA, as of May 2012. Why the difference? The shale gas boom that is now more than 10 years long in the USA is just getting started in China and so the Chinese remain heavily reliant on coal to make electricity and for their total energy. Around the world, the basic energy choice is coal or gas. China is just the biggest example of this fundamental fact. China’s reliance on coal means that its economic growth brings skyrocketing carbon emissions and other air pollution. Indeed, Chinese air quality is infamous around the world, and smog has been so thick that Beijing airport has been unable to land planes for short periods. As of 2011, China was responsible for 29% of the world’s carbon emissions, while the US produced 16%, even though the US economy is still considerably bigger than China’s. Moreover, US carbon emissions are declining to 1992 levels, but China’s emissions skyrocket. Though China is building substantial new wind, solar, and nuclear generation, those investments are not enough to cut Chinese coal consumption, given economic growth that is still 7% in what some describe as an economic slowdown. Shale gas, however, could be big enough to actually displace significant amounts of coal in China. More gas in China means less mercury, soot. lead, smog, and carbon emissions. China’s energy plans call for shale gas to provide 6% of its total energy as soon as 2020. If it achieves that goal, China will avoid more than 500 million tons of carbon pollution per year or about 1.5% of today’s total carbon emissions. Increasing demand for Chinese coal production causes water shortages which threaten economic collapse and political instability.Schneider 11 (Keith, senior editor for Circle of Blue-a nonprofit focusing on resource shortages founded in 2000, Choke Point: China—Confronting Water Scarcity and Energy Demand in the World’s Largest Country, Feb 15, http://www.circleofblue.org/waternews/2011/world/choke-point-china%E2%80%94confronting-water-scarcity-and-energy-demand-in-the-world%E2%80%99s-largest-country/)
By any measure, conventional and otherwise, China’s tireless advance to international economic prominence
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rising incomes and improving opportunities, is at risk, say some authorities. Chinese economic collapse causes Asian and Middle East conflict- China will turn outwardly aggressive.Newmeyer 09 DR. JACQUELINE NEWMYER - LONG TERM STRATEGY GROUP- THE CENTER FOR NATIONAL POLICY "ECONOMIC CRISIS: IMPACT ON CHINESE MILITARY MODERNIZATION" APRIL 8, 2009, http://cnponline.org/index.php?ht=a/GetDocumentAction/i/12503
So I think either way, either because of the insecurity that is stoked
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the downturn would lead to a greater chance of conflict abroad for China. And, economic decline causes war.Royal 2010 Jedediah, Director of Cooperative Threat Reduction at the U.S. Department of Defense, "Economic Integration, Economic Signaling and the Problem of Economic Crises," in Economics of War and Peace: Economic, Legal and Political Perspectives, ed. Goldsmith and Brauer, pg. 213-215
Less intuitive is how periods of economic decline may increase the likelihood of extern conflict
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not featured prominently in the economic-security debate and deserves more attention. And, pollution from coal causes environmental protests that threaten CCP rule.LeVine 12 (Steve, author of The Oil and the Glory, Foreign Policy contributor, CHINA The Cost of Coal , The Weekly Wrap — Aug. 3, 2012, http://oilandglory.foreignpolicy.com/posts/2012/08/03/the_weekly_wrap_aug_3_2012_part_i-http://oilandglory.foreignpolicy.com/posts/2012/08/03/the_weekly_wrap_aug_3_2012_part_i) China’s moment of coal truth: A question that has vexed us for some time
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and economic outcomes. And yet that is exactly what we are seeing. Those pollution protests causes Chinese instability and CCP lashoutNankivell 05 (Nathan, Senior Researcher @ Office of the Special Advisor Policy, Maritime Forces Pacific Headquarters, Canadian Department of National Defence, China’s Pollution and the Threat to Domestic and Regional Stability, China Brief Vol: 5 Issue: 22, http://www.jamestown.org/programs/chinabrief/single/?tx_ttnews%5Btt_news%5D=3904%26tx_ttnews%5BbackPid%5D=195%26no_cache=1) As the impact of pollution on human health becomes more obvious and widespread, it
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border. All of these situations would alter security assumptions in the region. This causes the CCP to launch WMDs and kill billions to try to hold onto powerRenxin 05 Renxin, Journalist, 8-3-2K5 (San, "CCP Gambles Insanely to Avoid Death," Epoch Times, www.theepochtimes.com/news/5-8-3/30931.html)
Since the Party’s life is "above all else," it would not be surprising
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as something one finds difficult to tell whether it is false or true. And, Chinese pollution causes nuclear war with RussiaNankivell 05 (Nathan, Senior Researcher @ Office of the Special Advisor Policy, Maritime Forces Pacific Headquarters, Canadian Department of National Defence, China’s Pollution and the Threat to Domestic and Regional Stability, China Brief Vol: 5 Issue: 22, http://www.jamestown.org/programs/chinabrief/single/?tx_ttnews%5Btt_news%5D=3904%26tx_ttnews%5BbackPid%5D=195%26no_cache=1) In addition to the concerns already mentioned, pollution, if linked to a specific
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in full-scale war between two powerful, nuclear-equipped nations. And, shale development key to Chinese energy security.Downs 00 (Erica, China Fellow @ Brookings, CHINA’S ENERGY SECURITY ACTIVITIES, http://www.rand.org/content/dam/rand/pubs/monograph_reports/MR1244/MR1244.ch3.pdf) The Chinese government can also improve China’s energy security through development of the country’s natural
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concerns—possibly a fear of foreign control over China’s gas resources. 76 Clement 12 (Nicholas, China and India Vie for Energy Security, May 25, http://www.2point6billion.com/news/2012/05/25/china-and-india-vie-for-energy-security-11177.html)
The competitive relationship between China and India has become a defining feature of the strategic
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ongoing diplomatic engagement between China and India to avoid unnecessary or accidental escalation. Participating in oil joint ventures boosts US-China energy coop, allowing them to learn from us and control air pollution and environmental degradation.Wu, Brookings Visiting Fellow, 08 (Richard Weixing Hu, Advancing Sino-U.S. Energy Cooperation Amid Oil Price Hikes, March, http://www.brookings.edu/research/opinions/2008/03/energy-hu)
Fourth, both governments should encourage their energy companies to collaborate in jointly enlarging the
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air and a considerable contribution to the common course of global environmental protection. The United States Federal Government should exclude crude oil and natural gas production from Exon-Florio reviews.Carroll-Emory International Law Review-9 23 Emory Int’l L. Rev. 167 COMMENT: BACK TO THE FUTURE: REDEFINING THE FOREIGN INVESTMENT AND NATIONAL SECURITY ACT’S CONCEPTION OF NATIONAL SECURITY
Conclusion Exon-Florio should be amended to more narrowly define national security. The
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by embracing globalization and cooperation can the United States truly achieve national security. And, oil and gas are the key energy issues for CFIUS.Ellis-Vinson %26 Elkins LLP-6/1/07
US energy and foreign direct investment: Is the foreign capital flow for oil and gas at risk?
http://www.ogfj.com/articles/print/volume-4/issue-6/capital-perspectives/us-energy-and-foreign-direct-investment-is-the-foreign-capital-flow-for-oil-and-gas-at-risk.html-http://www.ogfj.com/articles/print/volume-4/issue-6/capital-perspectives/us-energy-and-foreign-direct-investment-is-the-foreign-capital-flow-for-oil-and-gas-at-risk.html
Energy has traditionally been an area of some concern for CFIUS. In fact,
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were energy-related - a trend that has continued thus far in 2007 Investment in the U.S. solves – even if the U.S. is geographically distinct, it gives China the expertise to capitalize on shale quickly enough and to understand how to experiment with different geographical contextsYang 8/08/12 (Catherine, Senior-level Washington, D.C.-based business journalist and communications professional, with in-depth experience in China, technology, economics, and other policy issues. , "China Drills Into Shale Gas, Targeting Huge Reserves Amid Challenges" http://news.nationalgeographic.com/news/energy/2012/08/120808-china-shale-gas/-http://news.nationalgeographic.com/news/energy/2012/08/120808-china-shale-gas/)
Hills and water have shaped the story of Chongqing, in China’s southwest. At
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ramp up shale production at least ten-fold between 2015 and 2020. |
| 01/08/2013 | Tournament: | Round: | Opponent: | Judge:
This is not an inherent CP-the Executive already has sole control over the CFIUS review process. FINSA did not give Congress any authority to inject itself formally—the politicization their Feng card cites is when Congress raises hell OUTSIDE of the formal process because they are protectionist jerks. Only the plan ACTUALLY removes the restrictions on investment— this is from AFTER their card in the article
Feng 2009 (Yiheng, JD from NYU, Symposium: 14th Annual Herbert Rubin and Justice Rose Luttan Rubin International Law Symposium: A Special Tribute to Andreas Lowenfeld: Note: "We Wouldn't Transfer Title To The Devil": Consequences Of The Congressional Politicization Of Foreign Direct Investment On National Security Grounds 42 N.Y.U. J. Int'l L. and Pol. 253)
Despite the muted reaction, increased congressional oversight has not been without its share of
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section, however, FINSA could have done more to reduce concerns of Congress The Feng article is in the present tense! Your CP is the Squo- this is the paragraph right before their “card”, which is really theorizing why congressional control COULD be bad in theory, if that existed.
Feng 2009 (Yiheng, JD from NYU, Symposium: 14th Annual Herbert Rubin and Justice Rose Luttan Rubin International Law Symposium: A Special Tribute to Andreas Lowenfeld: Note: "We Wouldn't Transfer Title To The Devil": Consequences Of The Congressional Politicization Of Foreign Direct Investment On National Security Grounds 42 N.Y.U. J. Int'l L. and Pol. 253)
CFIUS, though imperfect, is nevertheless part of the Executive branch, a branch
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the myriad voices of Congress, even if they do not function perfectly. Investors hate the data publishing plank- they WANT CFIUS review to be confidential because it includes sensitive trade information.—this is from AFTER their card in the article
Feng 2009 (Yiheng, JD from NYU, Symposium: 14th Annual Herbert Rubin and Justice Rose Luttan Rubin International Law Symposium: A Special Tribute to Andreas Lowenfeld: Note: "We Wouldn't Transfer Title To The Devil": Consequences Of The Congressional Politicization Of Foreign Direct Investment On National Security Grounds 42 N.Y.U. J. Int'l L. and Pol. 253)
Reactions to these changes have been muted. When compared to the more severe proposals, 289 most analysts felt that FINSA adequately addressed problems in the process and was less aggressive than it could have been. 290 In particular, business watchers were pleased that FINSA did not tinker with the confidential nature of the CFIUS process. 291 On the other hand, Professor Rose suggested that FINSA may “successfully discourage political investment by sovereign wealth funds.” 292 More ev- Congress when it backlashes is OUTSIDE of the CFIUS process just to be jerks- the CP doesn’t solve shit.
Feng 2009 (Yiheng, JD from NYU, Symposium: 14th Annual Herbert Rubin and Justice Rose Luttan Rubin International Law Symposium: A Special Tribute to Andreas Lowenfeld: Note: "We Wouldn't Transfer Title To The Devil": Consequences Of The Congressional Politicization Of Foreign Direct Investment On National Security Grounds 42 N.Y.U. J. Int'l L. and Pol. 253)
Critics of the deal argued that while Unocal had a limited market presence, it
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concerned with sound bites on hot-button issues like trade relations. 227 |
| 02/01/2013 | Tournament: Georgia | Round: 1 | Opponent: James Madison BL | Judge: Mulholand
Contention 1- investment
The United States currently submits all foreign investment deals related to oil and gas production to the Committee on Foreign Investment in the United States, known as CFIUS. These restrictions chill foreign investment and send a signal of US protectionism.
Wilson Center 5-31-12 (Chinese Investment in North American Energy, http://www.wilsoncenter.org/event/chinese-investment-north-american-energy)
While Chinese foreign energy investment is on the rise, the more notable story is
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companies, which will allow China’s companies to better extract resources at home. Scenario 1- Protectionism:
Global trade is on the brink of collapse- rising US protectionism risks global escalation.
Lincicome 12 (Scott, trade attorney, “Is Missing American Trade Leadership Beginning to Bear Protectionist Fruit? (Hint: Kinda Looks Like It),” June 12, http://lincicome.blogspot.com/2012/06/is-missing-american-trade-leadership.html)
Over the past few years, I and several other US trade-watchers have
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its long-held place at the front of the trade liberalization pack. And, restrictions on oil and gas investments explode the scope of foreign investment CFIUS reviews. This expansion of the CFIUS process is a protectionist tool to keep out investment.
Carroll-Emory International Law Review-09 (James, 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) II. Post 9/11 Application of Exon-Florio After 9/11
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that Reagan threatened to veto in order to strip the economic security provisions.
And, expanding the scope of CFIUS reviews undermines US trade leadership and triggers retaliation. The impact is global wars.
Carroll-Emory International Law Review-09 (James, 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) C. Economic Retaliation as a Result of CFIUS Protectionism Continued use of Exon-
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own interests to take any action that may destabilize the American economy. 182
And, protectionism sparks great power conflict and exacerbates all global problems.
Patrick, Senior Fellow-CFR, 09 (Stewart, senior fellow and director of the Program on International Institutions and Global Governance at the Council on Foreign Relations, “Protecting Free Trade,” National Interest, March 13, 2009, http://nationalinterest.org/article/protecting-free-trade-3060?page=show)
President Obama has committed to working with U.S. trade partners to avoid
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daily economic intelligence briefing, distilling the security implications of the global crisis. And, Unilateral FDI liberalization is key to prevent trade policy backsliding which dooms global economic recovery.
Erixon and Sally, directors-ECIPE, 10 (Fredrik and Razeen, European Centre for International Political Economy, TRADE, GLOBALISATION AND EMERGING PROTECTIONISM SINCE THE CRISIS, http://www.ecipe.org/media/publication_pdfs/trade-globalisation-and-emerging-protectionism-since-the-crisis.pdf) italics are from original source We think Mr. Bentham’s world-view will cause damage, not only to domestic economies but also to the world trading system. This will not be a replay of the 1930s, but a replay of the 1970s is a serious prospect. The world is in danger of undoing the market reforms of the 1980s and ‘90s that brought unprecedented prosperity, especially to emerging markets outside the West. Like the 1970s, policy backsliding could prolong a severe downturn and compromise eventual recovery. The short-term challenge is to arrest the slide to Big Government at home and creeping protectionism abroad. The medium-term challenge is to get back on track with trade and FDI liberalisation combined with domestic structural reforms – substantial “unfinished business” left before the crisis struck. More, not less, markets and globalisation are what the world needs. That is primarily a matter for unilateral action by governments and competitive emulation among them. It can be reinforced by international policy cooperation in the WTO, G20 and other fora, but not too much can be expected of cumbersome global-governance mechanisms. Overall, limits to government intervention and a well-functioning market economy are of a piece with open markets, economic globalisation and international political stability. Scenario 2- Economic Collapse: Chinese FDI to the US declined sharply in 2012 but could rebound if the US takes steps to liberalize its national security FDI policy towards China.
Hanemann 12-28 (Theo, research director at the Rhodium Group and leads the firm’s cross-border investment work, Chinese FDI in the US in 2012, http://rhgroup.net/notes/chinese-direct-investmnet-in-the-u-s-in-2012-a-record-year-amid-a-gloomy-fdi-environment)
AGAINST THE GLOBAL TREND The recent growth of Chinese investment is even more remarkable in
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the United States remains a top destination for FDI from China and elsewhere. And investment is low overall – more of it is critical to jobs and growth
Scissors and Payne 1/11/13 (Derek, Senior Research Fellow in Asia Economic Policy, and Dean Cheng is Research Fellow in Chinese Political and Security Affairs, *Amy, research associate at the Heritage Foundation, “Morning Bell: Chinese Investment in the U.S. Shatters Records” http://blog.heritage.org/2013/01/11/china-investment-in-the-us-2012/) China set a record with its investments around the world in 2012. And in
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have to be willing to expand our trade and investment in both directions. And, energy restrictions destroy investor confidence, which crushes the dollar and triggers economic recession- the vague CFIUS interpretation of national security chills ALL foreign investment.
Carroll-Emory International Law Review-09 (James, 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)
B. National Security and Investor Uncertainty The uncertain interpretation of national security in Exon
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investment is more vital than ever to provide liquidity to American markets. 164 And, economic decline causes great power war.
Royal 2010
Jedediah, Director of Cooperative Threat Reduction at the U.S. Department of Defense, “Economic Integration, Economic Signaling and the Problem of Economic Crises,” in Economics of War and Peace: Economic, Legal and Political Perspectives, ed. Goldsmith and Brauer, pg. 213-215
Less intuitive is how periods of economic decline may increase the likelihood of extern conflict
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not featured prominently in the economic-security debate and deserves more attention. Investment is at anemic levels slowing down all macroeconomic indicators – absent the plans infusion of capital there will be a second depression
Papola 1/30/13 (John, Contributer at Forbes, “Think Consumption Is The 'Engine' Of Our Economy? Think Again.” http://www.forbes.com/sites/beltway/2013/01/30/think-consumption-is-the-engine-of-our-economy-think-again/) Have you heard that the economy is like a car? It’s the most popular
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Claus must produce all year long before people get to enjoy their presents. And, the plan is a quick injection of capital which is critical to economic recovery.
Xu et al 12 (Ting, China and Economy consultant for Bertelsmann Stiftung, with Thieß Petersen and Tianlong Wang, Cash in Hand: Chinese Foreign Direct Investment in the U.S. and Germany, June,
http://www.bfna.org/sites/default/files/publications/Cash%20in%20Hand%20Second%20Edition%20final.pdf)
Although Chinese FDI has drawn increasing attention in the U.S. and Germany
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in bringing those countries that are facing a credit crunch back to growth. Removing restrictions on investment in US oil and gas production is the best way to get China to increase their support for Iran sanctions- that’s critical to effective international pressure.
Downs, China fellow at Brookings, 12 (Erica S. Downs is a fellow at the John L. Thorton China Center at The Brookings Institution, “Getting China to Turn on Iran,” July 19, http://nationalinterest.org/commentary/getting-china-turn-iran-7215) Over the past decade, as the United States employed increasingly robust sanctions to gradually
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the greater the chance they will think twice about doing business in Iran.
The Chinese government responded to the new U.S. sanctions signed into law
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This dual stance is attributable to the business decisions made by China’s NOCs. Allowing Chinese majority shares of US oil and gas production is critical garnering Chinese compliance on Iran. Only the signal of the plan solves Iran nuclearization.
Downs, Brookings China Fellow, October ‘12 (Erica, CHINA, IRAN AND THE NEXEN DEAL, OPTIONS POLITIQUES, http://www.irpp.org/po/archive/oct12/downs.pdf)
Meanwhile the expansion of the Chinese NOC footprint in the United States has coincided with
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nuclear program may run through the headquarters of CNOOC, CNPC and Sinopec. Iranian nuclearization makes nuclear war inevitable in the Middle East- even small conflicts could escalate to all out war.
Kahl, Senior Fellow, the Center for a New American Security, 12 (Colin, former Deputy Assistant Secretary of Defense for the Middle East and Senior Fellow, the Center for a New American Security, Iran and the Bomb, Foreign Affairs; Sep/Oct2012, Vol. 91 Issue 5, p157-162)
Waltz writes that "policymakers and citizens in the Arab world, Europe, Israel
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and the consequences of even a low-probability outcome could be devastating.
Iranian nuclearization causes regional and global arms racing.
Cirincione 06 (Joseph, Sr. Assoc. and Director @ the Non-Proliferation Project @ the Carnegie Endowment for International Peace, Summer, SAIS Review, “A New Non-Proliferation Strategy”)
The danger posed by the acquisition of nuclear weapons by Iran or North Korea is
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decade-compounded by the existing political and territorial disputes still unresolved.4 This risks global nuclear conflict- new prolif risks theft, unauthorized use, terrorism, and crisis escalation.
Busch, Professor of Government-Christopher Newport, 04 (Nathan, “No End in Sight: The Continuing Menace of Nuclear Proliferation” p 281-314)
Summing Up: Will the Further Spread of Nuclear Weapons Be Better or Worse?
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proliferation in hopes that the stability predicted by the optimists will indeed occur. Sanctions work- evidence suggests they will bring Iran back to the negotiating table.
Kahl 12 (Colin, Senior Fellow at the Center for a New American Security, Not Time to Attack Iran, Foreign Affairs, 00157120, Mar/Apr2012, Vol. 91, Issue 2)
In making the case for preventive war as the least bad option, Kroenig
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emphasize that all options, including military action, remain on the table. Contention is Chinese Gas:
China is limiting itself to “hands off” oil and gas deals – these small partnerships don’t secure technical expertise to develop Chinese shale – this puts them decades behind gas targets
Mandel 7-17 (Jenny, Reporter for EnergyWire, a daily publication covering the unconventional oil and gas sectors, Previous positions with EandE include editing Land Letter and writing news and feature stories for Greenwire, ClimateWire, and other news outlets, “Will U.S. shale technology make the leap across the Pacific?,” EnergyWire: Tuesday, July 17, 2012, http://www.eenews.net/public/energywire/2012/07/17/1) Modes of tech transfer Despite the challenges, the allure of a massive new domestic
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pursue contracts for natural gas imports to satisfy the strong and growing demand. US gas companies currently negotiate passive deals for China because of CFIUS restrictions.
Knowledge @ Wharton 12 (China's Underground Race for Shale Gas, aug 21, http://knowledge.wharton.upenn.edu/arabic/article.cfm?articleid=2851) Meanwhile, in the U.S., shale gas leaders, such as Devon
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Chinese companies may be able to negotiate better terms, says CATF's Sung. Only the US has the expertise necessary for China to develop its shale resources- increased Chinese access to US drilling techniques and regulatory methods is critical.
Forbes, manager- Shale Gas Initiative at the World Resources Institute, 12 (Sarah, also the Senior Associate for the Climate and Energy Program at the World Resources Institute, HEARING BEFORE THE U.S.-CHINA ECONOMIC AND SECURITY REVIEW COMMISSION: “CHINA’S GLOBAL QUEST FOR RESOURCES AND IMPLICATIONS FOR THE UNITED STATES; CHINA’S PROSPECTS FOR SHALE GAS AND IMPLICATIONS FOR THE U.S.,” January 26, http://pdf.wri.org/testimony/forbes_testimony_china_shale_gas_2012-01-26.pdf)
Are there risks as well as opportunities for U.S. companies? From
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aware of and take into account while pursuing and designing Chinese domestic development. Chinese shale development key to displace their coal use—renewables cant be scaled up fast enough.
Hanger 12 (John, Special Counsel at the law firm Eckert Seamans, and former Secretary of the Pennsylvania Department of Environmental Protection and Commissioner of the Pennsylvania Public Utility Commission, “China Gets Cracking on Fracking: The Best Environmental News Of The Year?,” Aug 14, http://johnhanger.blogspot.com/2012/08/china-gets-cracking-on-fracking-good.html) China sits on natural gas reserves that are estimated to be 50% higher than the massive gas reserves in the USA. http://news.nationalgeographic.com/news/energy/2012/08/120808-china-shale-gas/. Despite this gargantuan gas resource, coal provides China 80% of its electricity, compared to 34% in the USA, as of May 2012. Why the difference? The shale gas boom that is now more than 10 years long in the USA is just getting started in China and so the Chinese remain heavily reliant on coal to make electricity and for their total energy. Around the world, the basic energy choice is coal or gas. China is just the biggest example of this fundamental fact. China's reliance on coal means that its economic growth brings skyrocketing carbon emissions and other air pollution. Indeed, Chinese air quality is infamous around the world, and smog has been so thick that Beijing airport has been unable to land planes for short periods. As of 2011, China was responsible for 29% of the world's carbon emissions, while the US produced 16%, even though the US economy is still considerably bigger than China's. Moreover, US carbon emissions are declining to 1992 levels, but China's emissions skyrocket. Though China is building substantial new wind, solar, and nuclear generation, those investments are not enough to cut Chinese coal consumption, given economic growth that is still 7% in what some describe as an economic slowdown. Shale gas, however, could be big enough to actually displace significant amounts of coal in China. More gas in China means less mercury, soot. lead, smog, and carbon emissions. China's energy plans call for shale gas to provide 6% of its total energy as soon as 2020. If it achieves that goal, China will avoid more than 500 million tons of carbon pollution per year or about 1.5% of today's total carbon emissions. Increasing demand for Chinese coal production causes water shortages which threaten economic collapse and political instability.
Schneider 11 (Keith, senior editor for Circle of Blue-a nonprofit focusing on resource shortages founded in 2000, Choke Point: China—Confronting Water Scarcity and Energy Demand in the World’s Largest Country, Feb 15, http://www.circleofblue.org/waternews/2011/world/choke-point-china%E2%80%94confronting-water-scarcity-and-energy-demand-in-the-world%E2%80%99s-largest-country/)
By any measure, conventional and otherwise, China’s tireless advance to international economic prominence
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rising incomes and improving opportunities, is at risk, say some authorities.
Chinese economic collapse causes Asian and Middle East conflict- China will turn outwardly aggressive.
Newmeyer 09 DR. JACQUELINE NEWMYER - LONG TERM STRATEGY GROUP- THE CENTER FOR NATIONAL POLICY “ECONOMIC CRISIS: IMPACT ON CHINESE MILITARY MODERNIZATION” APRIL 8, 2009, http://cnponline.org/index.php?ht=a/GetDocumentAction/i/12503
So I think either way, either because of the insecurity that is stoked
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the downturn would lead to a greater chance of conflict abroad for China. And, economic decline causes war.
Royal 2010 Jedediah, Director of Cooperative Threat Reduction at the U.S. Department of Defense, “Economic Integration, Economic Signaling and the Problem of Economic Crises,” in Economics of War and Peace: Economic, Legal and Political Perspectives, ed. Goldsmith and Brauer, pg. 213-215
Less intuitive is how periods of economic decline may increase the likelihood of extern conflict
AND
not featured prominently in the economic-security debate and deserves more attention.
And, pollution from coal causes environmental protests that threaten CCP rule.
LeVine 12 (Steve, author of The Oil and the Glory, Foreign Policy contributor, CHINA The Cost of Coal , The Weekly Wrap -- Aug. 3, 2012, http://oilandglory.foreignpolicy.com/posts/2012/08/03/the_weekly_wrap_aug_3_2012_part_i) China's moment of coal truth: A question that has vexed us for some time
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and economic outcomes. And yet that is exactly what we are seeing. Those pollution protests causes Chinese instability and CCP lashout
Nankivell 05 (Nathan, Senior Researcher @ Office of the Special Advisor Policy, Maritime Forces Pacific Headquarters, Canadian Department of National Defence, China's Pollution and the Threat to Domestic and Regional Stability, China Brief Vol: 5 Issue: 22, http://www.jamestown.org/programs/chinabrief/single/?tx_ttnews%5Btt_news%5D=3904andtx_ttnews%5BbackPid%5D=195andno_cache=1) As the impact of pollution on human health becomes more obvious and widespread, it
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border. All of these situations would alter security assumptions in the region. This causes the CCP to launch WMDs and kill billions to try to hold onto power
Renxin 05 Renxin, Journalist, 8-3-2K5 (San, “CCP Gambles Insanely to Avoid Death,” Epoch Times, www.theepochtimes.com/news/5-8-3/30931.html)
Since the Party’s life is “above all else,” it would not be surprising
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as something one finds difficult to tell whether it is false or true. And, Chinese pollution causes nuclear war with Russia
Nankivell 05 (Nathan, Senior Researcher @ Office of the Special Advisor Policy, Maritime Forces Pacific Headquarters, Canadian Department of National Defence, China's Pollution and the Threat to Domestic and Regional Stability, China Brief Vol: 5 Issue: 22, http://www.jamestown.org/programs/chinabrief/single/?tx_ttnews%5Btt_news%5D=3904andtx_ttnews%5BbackPid%5D=195andno_cache=1) In addition to the concerns already mentioned, pollution, if linked to a specific
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in full-scale war between two powerful, nuclear-equipped nations. And, shale development key to Chinese energy security.
Downs 00 (Erica, China Fellow @ Brookings, CHINA’S ENERGY SECURITY ACTIVITIES, http://www.rand.org/content/dam/rand/pubs/monograph_reports/MR1244/MR1244.ch3.pdf) The Chinese government can also improve China’s energy security through development of the country’s natural
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concerns—possibly a fear of foreign control over China’s gas resources. 76 The impact is China-India energy wars.
Clement 12 (Nicholas, China and India Vie for Energy Security, May 25, http://www.2point6billion.com/news/2012/05/25/china-and-india-vie-for-energy-security-11177.html)
The competitive relationship between China and India has become a defining feature of the strategic
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ongoing diplomatic engagement between China and India to avoid unnecessary or accidental escalation. Participating in oil joint ventures boosts US-China energy coop, allowing them to learn from us and control air pollution and environmental degradation.
Wu, Brookings Visiting Fellow, 08 (Richard Weixing Hu, Advancing Sino-U.S. Energy Cooperation Amid Oil Price Hikes, March, http://www.brookings.edu/research/opinions/2008/03/energy-hu)
Fourth, both governments should encourage their energy companies to collaborate in jointly enlarging the
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air and a considerable contribution to the common course of global environmental protection. |
| 02/09/2013 | Tournament: Northwestern | Round: 2 | Opponent: | Judge: The United States Federal Government should exclude crude oil and natural gas production from Exon-Florio reviews.Wilson Center 5-31-12 (Chinese Investment in North American Energy, http://www.wilsoncenter.org/event/chinese-investment-north-american-energy)
While Chinese foreign energy investment is on the rise, the more notable story is
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companies, which will allow China’s companies to better extract resources at home. Lincicome 12 (Scott, trade attorney, "Is Missing American Trade Leadership Beginning to Bear Protectionist Fruit? (Hint: Kinda Looks Like It)," June 12, http://lincicome.blogspot.com/2012/06/is-missing-american-trade-leadership.html)
Over the past few years, I and several other US trade-watchers have
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its long-held place at the front of the trade liberalization pack. Carroll-Emory International Law Review-09 (James, 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) II. Post 9/11 Application of Exon-Florio After 9/11
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that Reagan threatened to veto in order to strip the economic security provisions. And, expanding the scope of CFIUS reviews undermines US trade leadership and triggers retaliation. The impact is global wars.Carroll-Emory International Law Review-09 (James, 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) C. Economic Retaliation as a Result of CFIUS Protectionism Continued use of Exon-
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own interests to take any action that may destabilize the American economy. 182 And, protectionism sparks great power conflict and exacerbates all global problems.Patrick, Senior Fellow-CFR, 09 (Stewart, senior fellow and director of the Program on International Institutions and Global Governance at the Council on Foreign Relations, "Protecting Free Trade," National Interest, March 13, 2009, http://nationalinterest.org/article/protecting-free-trade-3060?page=show)
President Obama has committed to working with U.S. trade partners to avoid
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daily economic intelligence briefing, distilling the security implications of the global crisis. And, Unilateral FDI liberalization is key to prevent trade policy backsliding which dooms global economic recovery.Erixon and Sally, directors-ECIPE, 10 (Fredrik and Razeen, European Centre for International Political Economy, TRADE, GLOBALISATION AND EMERGING PROTECTIONISM SINCE THE CRISIS, http://www.ecipe.org/media/publication_pdfs/trade-globalisation-and-emerging-protectionism-since-the-crisis.pdf) ~italics are from original source~ We think Mr. Bentham’s world-view will cause damage, not only to domestic economies but also to the world trading system. This will not be a replay of the 1930s, but a replay of the 1970s is a serious prospect. The world is in danger of undoing the market reforms of the 1980s and ’90s that brought unprecedented prosperity, especially to emerging markets outside the West. Like the 1970s, policy backsliding could prolong a severe downturn and compromise eventual recovery. The short-term challenge is to arrest the slide to Big Government at home and creeping protectionism abroad. The medium-term challenge is to get back on track with trade and FDI liberalisation combined with domestic structural reforms – substantial "unfinished business" left before the crisis struck. More, not less, markets and globalisation are what the world needs. That is primarily a matter for unilateral action by governments and competitive emulation among them. It can be reinforced by international policy cooperation in the WTO, G20 and other fora, but not too much can be expected of cumbersome global-governance mechanisms. Overall, limits to government intervention and a well-functioning market economy are of a piece with open markets, economic globalisation and international political stability. Hanemann 12-28 (Theo, research director at the Rhodium Group and leads the firm’s cross-border investment work, Chinese FDI in the US in 2012, http://rhgroup.net/notes/chinese-direct-investmnet-in-the-u-s-in-2012-a-record-year-amid-a-gloomy-fdi-environment)
AGAINST THE GLOBAL TREND The recent growth of Chinese investment is even more remarkable in
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the United States remains a top destination for FDI from China and elsewhere. And investment is low overall – more of it is critical to jobs and growthScissors and Payne 1/11/13 (Derek, Senior Research Fellow in Asia Economic Policy, and Dean Cheng is Research Fellow in Chinese Political and Security Affairs, *Amy, research associate at the Heritage Foundation, "Morning Bell: Chinese Investment in the U.S. Shatters Records" http://blog.heritage.org/2013/01/11/china-investment-in-the-us-2012/-http://blog.heritage.org/2013/01/11/china-investment-in-the-us-2012/) China set a record with its investments around the world in 2012. And in
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have to be willing to expand our trade and investment in both directions. And, energy restrictions destroy investor confidence, which crushes the dollar and triggers economic recession- the vague CFIUS interpretation of national security chills ALL foreign investment.Carroll-Emory International Law Review-09 (James, 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)
B. National Security and Investor Uncertainty The uncertain interpretation of national security in Exon
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investment is more vital than ever to provide liquidity to American markets. 164 And, economic decline causes great power war.Royal 2010
Jedediah, Director of Cooperative Threat Reduction at the U.S. Department of Defense, "Economic Integration, Economic Signaling and the Problem of Economic Crises," in Economics of War and Peace: Economic, Legal and Political Perspectives, ed. Goldsmith and Brauer, pg. 213-215
Less intuitive is how periods of economic decline may increase the likelihood of extern conflict
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not featured prominently in the economic-security debate and deserves more attention. Papola 1/30/13 (John, Contributer at Forbes, "Think Consumption Is The ’Engine’ Of Our Economy? Think Again." http://www.forbes.com/sites/beltway/2013/01/30/think-consumption-is-the-engine-of-our-economy-think-again/-http://www.forbes.com/sites/beltway/2013/01/30/think-consumption-is-the-engine-of-our-economy-think-again/) Have you heard that the economy is like a car? It’s the most popular
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Claus must produce all year long before people get to enjoy their presents. And, the plan is a quick injection of capital which is critical to economic recovery.Xu et al 12 (Ting, China and Economy consultant for Bertelsmann Stiftung, with Thieß Petersen and Tianlong Wang, Cash in Hand: Chinese Foreign Direct Investment in the U.S. and Germany, June,
http://www.bfna.org/sites/default/files/publications/Cash%20in%20Hand%20Second%20Edition%20final.pdf)
Although Chinese FDI has drawn increasing attention in the U.S. and Germany
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in bringing those countries that are facing a credit crunch back to growth. Removing restrictions on investment in US oil and gas production is the best way to get China to increase their support for Iran sanctions- that’s critical to effective international pressure.Downs, China fellow at Brookings, 12 (Erica S. Downs is a fellow at the John L. Thorton China Center at The Brookings Institution, "Getting China to Turn on Iran," July 19, http://nationalinterest.org/commentary/getting-china-turn-iran-7215) Over the past decade, as the United States employed increasingly robust sanctions to gradually
AND
the greater the chance they will think twice about doing business in Iran.
The Chinese government responded to the new U.S. sanctions signed into law
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This dual stance is attributable to the business decisions made by China’s NOCs. Allowing Chinese majority shares of US oil and gas production is critical garnering Chinese compliance on Iran. Only the signal of the plan solves Iran nuclearization.Downs, Brookings China Fellow, October ’12 (Erica, CHINA, IRAN AND THE NEXEN DEAL, OPTIONS POLITIQUES, http://www.irpp.org/po/archive/oct12/downs.pdf)
Meanwhile the expansion of the Chinese NOC footprint in the United States has coincided with
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nuclear program may run through the headquarters of CNOOC, CNPC and Sinopec. Kahl, Senior Fellow, the Center for a New American Security, 12 (Colin, former Deputy Assistant Secretary of Defense for the Middle East and Senior Fellow, the Center for a New American Security, Iran and the Bomb, Foreign Affairs; Sep/Oct2012, Vol. 91 Issue 5, p157-162)
Waltz writes that "policymakers and citizens in the Arab world, Europe, Israel
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and the consequences of even a low-probability outcome could be devastating. Iranian nuclearization causes regional and global arms racing.Cirincione 06 (Joseph, Sr. Assoc. %26 Director @ the Non-Proliferation Project @ the Carnegie Endowment for International Peace, Summer, SAIS Review, "A New Non-Proliferation Strategy")
The danger posed by the acquisition of nuclear weapons by Iran or North Korea is
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decade-compounded by the existing political and territorial disputes still unresolved.4 This risks global nuclear conflict- new prolif risks theft, unauthorized use, terrorism, and crisis escalation.Busch, Professor of Government-Christopher Newport, 04 (Nathan, "No End in Sight: The Continuing Menace of Nuclear Proliferation" p 281-314)
Summing Up: Will the Further Spread of Nuclear Weapons Be Better or Worse?
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proliferation in hopes that the stability predicted by the optimists will indeed occur. Kahl 12 (Colin, Senior Fellow at the Center for a New American Security, Not Time to Attack Iran, Foreign Affairs, 00157120, Mar/Apr2012, Vol. 91, Issue 2)
In making the case for preventive war as the least bad option, Kroenig
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emphasize that all options, including military action, remain on the table. China is limiting itself to "hands off" oil and gas deals – these small partnerships don’t secure technical expertise to develop Chinese shale – this puts them decades behind gas targetsMandel 7-17 (Jenny, Reporter for EnergyWire, a daily publication covering the unconventional oil and gas sectors, Previous positions with E%26E include editing Land Letter and writing news and feature stories for Greenwire, ClimateWire, and other news outlets, "Will U.S. shale technology make the leap across the Pacific?," EnergyWire: Tuesday, July 17, 2012, http://www.eenews.net/public/energywire/2012/07/17/1) Modes of tech transfer Despite the challenges, the allure of a massive new domestic
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pursue contracts for natural gas imports to satisfy the strong and growing demand. Knowledge @ Wharton 12 (China’s Underground Race for Shale Gas, aug 21, http://knowledge.wharton.upenn.edu/arabic/article.cfm?articleid=2851) Meanwhile, in the U.S., shale gas leaders, such as Devon
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Chinese companies may be able to negotiate better terms, says CATF’s Sung. Only the US has the expertise necessary for China to develop its shale resources- increased Chinese access to US drilling techniques and regulatory methods is critical.Forbes, manager- Shale Gas Initiative at the World Resources Institute, 12 (Sarah, also the Senior Associate for the Climate and Energy Program at the World Resources Institute, HEARING BEFORE THE U.S.-CHINA ECONOMIC AND SECURITY REVIEW COMMISSION: "CHINA’S GLOBAL QUEST FOR RESOURCES AND IMPLICATIONS FOR THE UNITED STATES; CHINA’S PROSPECTS FOR SHALE GAS AND IMPLICATIONS FOR THE U.S.," January 26, http://pdf.wri.org/testimony/forbes_testimony_china_shale_gas_2012-01-26.pdf)
Are there risks as well as opportunities for U.S. companies? From
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aware of and take into account while pursuing and designing Chinese domestic development. Hanger 12 (John, Special Counsel at the law firm Eckert Seamans, and former Secretary of the Pennsylvania Department of Environmental Protection and Commissioner of the Pennsylvania Public Utility Commission, "China Gets Cracking on Fracking: The Best Environmental News Of The Year?," Aug 14, http://johnhanger.blogspot.com/2012/08/china-gets-cracking-on-fracking-good.html) China sits on natural gas reserves that are estimated to be 50% higher than the massive gas reserves in the USA. http://news.nationalgeographic.com/news/energy/2012/08/120808-china-shale-gas/. Despite this gargantuan gas resource, coal provides China 80% of its electricity, compared to 34% in the USA, as of May 2012. Why the difference? The shale gas boom that is now more than 10 years long in the USA is just getting started in China and so the Chinese remain heavily reliant on coal to make electricity and for their total energy. Around the world, the basic energy choice is coal or gas. China is just the biggest example of this fundamental fact. China’s reliance on coal means that its economic growth brings skyrocketing carbon emissions and other air pollution. Indeed, Chinese air quality is infamous around the world, and smog has been so thick that Beijing airport has been unable to land planes for short periods. As of 2011, China was responsible for 29% of the world’s carbon emissions, while the US produced 16%, even though the US economy is still considerably bigger than China’s. Moreover, US carbon emissions are declining to 1992 levels, but China’s emissions skyrocket. Though China is building substantial new wind, solar, and nuclear generation, those investments are not enough to cut Chinese coal consumption, given economic growth that is still 7% in what some describe as an economic slowdown. Shale gas, however, could be big enough to actually displace significant amounts of coal in China. More gas in China means less mercury, soot. lead, smog, and carbon emissions. China’s energy plans call for shale gas to provide 6% of its total energy as soon as 2020. If it achieves that goal, China will avoid more than 500 million tons of carbon pollution per year or about 1.5% of today’s total carbon emissions. Increasing demand for Chinese coal production causes water shortages which threaten economic collapse and political instability.Schneider 11 (Keith, senior editor for Circle of Blue-a nonprofit focusing on resource shortages founded in 2000, Choke Point: China—Confronting Water Scarcity and Energy Demand in the World’s Largest Country, Feb 15, http://www.circleofblue.org/waternews/2011/world/choke-point-china%E2%80%94confronting-water-scarcity-and-energy-demand-in-the-world%E2%80%99s-largest-country/)
By any measure, conventional and otherwise, China’s tireless advance to international economic prominence
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rising incomes and improving opportunities, is at risk, say some authorities. Chinese economic collapse causes Asian and Middle East conflict- China will turn outwardly aggressive.Newmeyer 09 DR. JACQUELINE NEWMYER - LONG TERM STRATEGY GROUP- THE CENTER FOR NATIONAL POLICY "ECONOMIC CRISIS: IMPACT ON CHINESE MILITARY MODERNIZATION" APRIL 8, 2009, http://cnponline.org/index.php?ht=a/GetDocumentAction/i/12503
So I think either way, either because of the insecurity that is stoked
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the downturn would lead to a greater chance of conflict abroad for China. And, pollution from coal causes environmental protests that threaten CCP rule.LeVine 12 (Steve, author of The Oil and the Glory, Foreign Policy contributor, CHINA The Cost of Coal , The Weekly Wrap — Aug. 3, 2012, http://oilandglory.foreignpolicy.com/posts/2012/08/03/the_weekly_wrap_aug_3_2012_part_i-http://oilandglory.foreignpolicy.com/posts/2012/08/03/the_weekly_wrap_aug_3_2012_part_i) China’s moment of coal truth: A question that has vexed us for some time
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and economic outcomes. And yet that is exactly what we are seeing. Those pollution protests causes Chinese instability and CCP lashoutNankivell 05 (Nathan, Senior Researcher @ Office of the Special Advisor Policy, Maritime Forces Pacific Headquarters, Canadian Department of National Defence, China’s Pollution and the Threat to Domestic and Regional Stability, China Brief Vol: 5 Issue: 22, http://www.jamestown.org/programs/chinabrief/single/?tx_ttnews%5Btt_news%5D=3904%26tx_ttnews%5BbackPid%5D=195%26no_cache=1) As the impact of pollution on human health becomes more obvious and widespread, it
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border. All of these situations would alter security assumptions in the region. This causes the CCP to launch WMDs and kill billions to try to hold onto powerRenxin 05 Renxin, Journalist, 8-3-2K5 (San, "CCP Gambles Insanely to Avoid Death," Epoch Times, www.theepochtimes.com/news/5-8-3/30931.html)
Since the Party’s life is "above all else," it would not be surprising
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as something one finds difficult to tell whether it is false or true. And, Chinese pollution causes nuclear war with RussiaNankivell 05 (Nathan, Senior Researcher @ Office of the Special Advisor Policy, Maritime Forces Pacific Headquarters, Canadian Department of National Defence, China’s Pollution and the Threat to Domestic and Regional Stability, China Brief Vol: 5 Issue: 22, http://www.jamestown.org/programs/chinabrief/single/?tx_ttnews%5Btt_news%5D=3904%26tx_ttnews%5BbackPid%5D=195%26no_cache=1) In addition to the concerns already mentioned, pollution, if linked to a specific
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in full-scale war between two powerful, nuclear-equipped nations. Participating in oil joint ventures boosts US-China energy coop, allowing them to learn from us and control air pollution and environmental degradation.Wu, Brookings Visiting Fellow, 08 (Richard Weixing Hu, Advancing Sino-U.S. Energy Cooperation Amid Oil Price Hikes, March, http://www.brookings.edu/research/opinions/2008/03/energy-hu)
Fourth, both governments should encourage their energy companies to collaborate in jointly enlarging the
AND
air and a considerable contribution to the common course of global environmental protection. Investment in the U.S. solves – even if the U.S. is geographically distinct, it gives China the expertise to capitalize on shale quickly enough and to understand how to experiment with different geographical contextsYang 8/08/12 (Catherine, Senior-level Washington, D.C.-based business journalist and communications professional, with in-depth experience in China, technology, economics, and other policy issues. , "China Drills Into Shale Gas, Targeting Huge Reserves Amid Challenges" http://news.nationalgeographic.com/news/energy/2012/08/120808-china-shale-gas/-http://news.nationalgeographic.com/news/energy/2012/08/120808-china-shale-gas/)
Hills and water have shaped the story of Chongqing, in China’s southwest. At
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ramp up shale production at least ten-fold between 2015 and 2020. Carroll-Emory International Law Review-9 23 Emory Int’l L. Rev. 167 COMMENT: BACK TO THE FUTURE: REDEFINING THE FOREIGN INVESTMENT AND NATIONAL SECURITY ACT’S CONCEPTION OF NATIONAL SECURITY
Conclusion Exon-Florio should be amended to more narrowly define national security. The
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by embracing globalization and cooperation can the United States truly achieve national security. |
| 02/10/2013 | Tournament: nu | Round: 7 | Opponent: wake lm | Judge: The United States Federal Government should exclude crude oil and natural gas production from Exon-Florio reviews.Removing restrictions on investment in US oil and gas production is the best way to get China to increase their support for Iran sanctions- that’s critical to effective international pressure.Downs, China fellow at Brookings, 12 (Erica S. Downs is a fellow at the John L. Thorton China Center at The Brookings Institution, "Getting China to Turn on Iran," July 19, http://nationalinterest.org/commentary/getting-china-turn-iran-7215) Over the past decade, as the United States employed increasingly robust sanctions to gradually
AND
the greater the chance they will think twice about doing business in Iran.
The Chinese government responded to the new U.S. sanctions signed into law
AND
This dual stance is attributable to the business decisions made by China’s NOCs. Allowing Chinese majority shares of US oil and gas production is critical garnering Chinese compliance on Iran. Only the signal of the plan solves Iran nuclearization.Downs, Brookings China Fellow, October ’12 (Erica, CHINA, IRAN AND THE NEXEN DEAL, OPTIONS POLITIQUES, http://www.irpp.org/po/archive/oct12/downs.pdf)
Meanwhile the expansion of the Chinese NOC footprint in the United States has coincided with
AND
nuclear program may run through the headquarters of CNOOC, CNPC and Sinopec. Kahl, Senior Fellow, the Center for a New American Security, 12 (Colin, former Deputy Assistant Secretary of Defense for the Middle East and Senior Fellow, the Center for a New American Security, Iran and the Bomb, Foreign Affairs; Sep/Oct2012, Vol. 91 Issue 5, p157-162)
Waltz writes that "policymakers and citizens in the Arab world, Europe, Israel
AND
and the consequences of even a low-probability outcome could be devastating. Iranian nuclearization causes regional and global arms racing.Cirincione 06 (Joseph, Sr. Assoc. %26 Director @ the Non-Proliferation Project @ the Carnegie Endowment for International Peace, Summer, SAIS Review, "A New Non-Proliferation Strategy")
The danger posed by the acquisition of nuclear weapons by Iran or North Korea is
AND
decade-compounded by the existing political and territorial disputes still unresolved.4 This risks global nuclear conflict- new prolif risks theft, unauthorized use, terrorism, and crisis escalation.Busch, Professor of Government-Christopher Newport, 04 (Nathan, "No End in Sight: The Continuing Menace of Nuclear Proliferation" p 281-314)
Summing Up: Will the Further Spread of Nuclear Weapons Be Better or Worse?
AND
proliferation in hopes that the stability predicted by the optimists will indeed occur. Kahl 12 (Colin, Senior Fellow at the Center for a New American Security, Not Time to Attack Iran, Foreign Affairs, 00157120, Mar/Apr2012, Vol. 91, Issue 2)
In making the case for preventive war as the least bad option, Kroenig
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emphasize that all options, including military action, remain on the table. Obama will strike Iran this year if diplomacy fails—-economic and military constraints won’t deterHurst-The Associated Press 2/4/13
HEADLINE: Analysis: Economy, military shape US Iran strategy Lexis President Barack Obama may have to decide this year whether to use military force to
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make good on his vow to prevent Iran from obtaining a nuclear weapon. And, tightening sanctions on Iranian oil staves off an Israeli strike on Iran.National Journal 12 (Sara Sorcher, Insiders: New Sanctions on Iran Stave Off Need for Military Action, Jan 31, http://www.nationaljournal.com/nationalsecurity/insiders-new-sanctions-on-iran-stave-off-need-for-military-action-20120130)
Now that the European Union has agreed to impose a ban on oil purchases from
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according to another Insider, "as long as Israel doesn’t act first." Israel strikes on Iran cause multiple scenarios for nuclear war, CBW use and terrorist attacks.Russell 09 (James A. Russell, managing editor of Strategic Insights, the quarterly ejournal published by the Center for Contemporary Conflict at the Naval Postgraduate School, Spring 2009, Strategic Stability Reconsidered: Prospects for Escalation and Nuclear War in the Middle East, Security Studies Center)
Iran’s response to what would initially start as a sustained stand-off bombardment (
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U.S. massive response – a potential "Armageddon" scenario. And, strikes don’t solve prolif and make escalation inevitable- Iran would face use-it-or-lose-it pressure, no hotlines exist, and Iran’s command-and-control weakness risks unauthorized escalation.Kahl 12 (Colin, Senior Fellow at the Center for a New American Security, Not Time to Attack Iran, Foreign Affairs, 00157120, Mar/Apr2012, Vol. 91, Issue 2)
Kroenig’s discussion of timing is not the only misleading part of his article; so
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community would struggle to track or slow Tehran’s efforts to rebuild its program. Wuthnow 12 (Joel, fellow at the China and the World Program at the Woodrow Wilson School at Princeton University, Will China Stop Iran?, March 05, http://thediplomat.com/2012/03/05/will-china-stop-iran/)
What might China be asked to do? During Vice President Xi Jinping’s visit to
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and all the strife that would entail – may well be much worse. Wilson Center 5-31-12 (Chinese Investment in North American Energy, http://www.wilsoncenter.org/event/chinese-investment-north-american-energy)
While Chinese foreign energy investment is on the rise, the more notable story is
AND
companies, which will allow China’s companies to better extract resources at home. Lincicome 12 (Scott, trade attorney, "Is Missing American Trade Leadership Beginning to Bear Protectionist Fruit? (Hint: Kinda Looks Like It)," June 12, http://lincicome.blogspot.com/2012/06/is-missing-american-trade-leadership.html)
Over the past few years, I and several other US trade-watchers have
AND
its long-held place at the front of the trade liberalization pack. Carroll-Emory International Law Review-09 (James, 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) II. Post 9/11 Application of Exon-Florio After 9/11
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that Reagan threatened to veto in order to strip the economic security provisions. And, expanding the scope of CFIUS reviews undermines US trade leadership and triggers retaliation. The impact is global wars.Carroll-Emory International Law Review-09 (James, 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) C. Economic Retaliation as a Result of CFIUS Protectionism Continued use of Exon-
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own interests to take any action that may destabilize the American economy. 182 And, protectionism sparks great power conflict and exacerbates all global problems.Patrick, Senior Fellow-CFR, 09 (Stewart, senior fellow and director of the Program on International Institutions and Global Governance at the Council on Foreign Relations, "Protecting Free Trade," National Interest, March 13, 2009, http://nationalinterest.org/article/protecting-free-trade-3060?page=show)
President Obama has committed to working with U.S. trade partners to avoid
AND
daily economic intelligence briefing, distilling the security implications of the global crisis. And, Unilateral FDI liberalization is key to prevent trade policy backsliding which dooms global economic recovery.Erixon and Sally, directors-ECIPE, 10 (Fredrik and Razeen, European Centre for International Political Economy, TRADE, GLOBALISATION AND EMERGING PROTECTIONISM SINCE THE CRISIS, http://www.ecipe.org/media/publication_pdfs/trade-globalisation-and-emerging-protectionism-since-the-crisis.pdf) ~italics are from original source~ We think Mr. Bentham’s world-view will cause damage, not only to domestic economies but also to the world trading system. This will not be a replay of the 1930s, but a replay of the 1970s is a serious prospect. The world is in danger of undoing the market reforms of the 1980s and ’90s that brought unprecedented prosperity, especially to emerging markets outside the West. Like the 1970s, policy backsliding could prolong a severe downturn and compromise eventual recovery. The short-term challenge is to arrest the slide to Big Government at home and creeping protectionism abroad. The medium-term challenge is to get back on track with trade and FDI liberalisation combined with domestic structural reforms – substantial "unfinished business" left before the crisis struck. More, not less, markets and globalisation are what the world needs. That is primarily a matter for unilateral action by governments and competitive emulation among them. It can be reinforced by international policy cooperation in the WTO, G20 and other fora, but not too much can be expected of cumbersome global-governance mechanisms. Overall, limits to government intervention and a well-functioning market economy are of a piece with open markets, economic globalisation and international political stability. Hanemann 12-28 (Theo, research director at the Rhodium Group and leads the firm’s cross-border investment work, Chinese FDI in the US in 2012, http://rhgroup.net/notes/chinese-direct-investmnet-in-the-u-s-in-2012-a-record-year-amid-a-gloomy-fdi-environment)
AGAINST THE GLOBAL TREND The recent growth of Chinese investment is even more remarkable in
AND
the United States remains a top destination for FDI from China and elsewhere. And investment is low overall – more of it is critical to jobs and growthScissors and Payne 1/11/13 (Derek, Senior Research Fellow in Asia Economic Policy, and Dean Cheng is Research Fellow in Chinese Political and Security Affairs, *Amy, research associate at the Heritage Foundation, "Morning Bell: Chinese Investment in the U.S. Shatters Records" http://blog.heritage.org/2013/01/11/china-investment-in-the-us-2012/-http://blog.heritage.org/2013/01/11/china-investment-in-the-us-2012/) China set a record with its investments around the world in 2012. And in
AND
have to be willing to expand our trade and investment in both directions. And, energy restrictions destroy investor confidence, which crushes the dollar and triggers economic recession- the vague CFIUS interpretation of national security chills ALL foreign investment.Carroll-Emory International Law Review-09 (James, 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)
B. National Security and Investor Uncertainty The uncertain interpretation of national security in Exon
AND
investment is more vital than ever to provide liquidity to American markets. 164 And, economic decline causes great power war.Royal 2010
Jedediah, Director of Cooperative Threat Reduction at the U.S. Department of Defense, "Economic Integration, Economic Signaling and the Problem of Economic Crises," in Economics of War and Peace: Economic, Legal and Political Perspectives, ed. Goldsmith and Brauer, pg. 213-215
Less intuitive is how periods of economic decline may increase the likelihood of extern conflict
AND
not featured prominently in the economic-security debate and deserves more attention. Papola 1/30/13 (John, Contributer at Forbes, "Think Consumption Is The ’Engine’ Of Our Economy? Think Again." http://www.forbes.com/sites/beltway/2013/01/30/think-consumption-is-the-engine-of-our-economy-think-again/-http://www.forbes.com/sites/beltway/2013/01/30/think-consumption-is-the-engine-of-our-economy-think-again/) Have you heard that the economy is like a car? It’s the most popular
AND
Claus must produce all year long before people get to enjoy their presents. And, the plan is a quick injection of capital which is critical to economic recovery.Xu et al 12 (Ting, China and Economy consultant for Bertelsmann Stiftung, with Thieß Petersen and Tianlong Wang, Cash in Hand: Chinese Foreign Direct Investment in the U.S. and Germany, June,
http://www.bfna.org/sites/default/files/publications/Cash%20in%20Hand%20Second%20Edition%20final.pdf)
Although Chinese FDI has drawn increasing attention in the U.S. and Germany
AND
in bringing those countries that are facing a credit crunch back to growth. Carroll-Emory International Law Review-9 23 Emory Int’l L. Rev. 167 COMMENT: BACK TO THE FUTURE: REDEFINING THE FOREIGN INVESTMENT AND NATIONAL SECURITY ACT’S CONCEPTION OF NATIONAL SECURITY
Conclusion Exon-Florio should be amended to more narrowly define national security. The
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by embracing globalization and cooperation can the United States truly achieve national security. And, the US should clarify that energy production does not undermine national security— explicitly exempting specific industries from CFIUS review is key.Pane 05 (Marc, studied ILaw at Fordham, worked for the Office of the Principal Defender for the Special Court for Sierra Leone, CNOOC’s Bid for UNOCAL: Now is the Time to Improve theExon-Florio Amendment, http://www.scribd.com/doc/61823408/CNOOC-s-Bid-for-UNOCAL-Now-is-the-Time-to-Improve-the-Exon-Florio-Amendment)
What does this all mean for Exon-Florio? Almost since its enactment,
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from global energy markets might result in a greater risk of supply disruption). Bello %26 Mittal 2000
Walden, Anuradha, Dangerous Liaisons: Progressives, the Right, and the Anti-China Trade Campaign, Institute for Food and Development Policy/Food First, May, http://www.tni.org/archives/archives_bello_china
A coalition of forces seeks to deprive China of permanent normal trading relations (PNTR
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, "the wrong war at the wrong place at the wrong time". Free trade is the most ethical economic system —- It fosters ethical connections based on equality and mutual respect by treating each subject as a rational individual; minimizing oppression and violence.Badhwar 2007
Neera K. Associate Professor of Philosophy at University of Oklahoma - September "Friendship and Commercial Societies" Forthcoming in Politics, Philosophy, and Economics http://praxeology.net/guest-badhwar1.htm accessed 9-25-07
I pointed out earlier that it is a mistake to think that market norms see
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it possible for people to see themselves as equals and ends in themselves. Markets require empathy which enables ethical relationships and exchange.Palmer 2007
Tom G., Open Societies, Global Markets, and the Bourgeois Virtues, http://www.cato.org/pub_display.php?pub_id=8229
Markets are not merely founded on respect for justice, however. They are also
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, which has increased their ability to help others through their vast charitable activities Conclusive global data proves global trade increases individual prosperity, life expectancy, education and political freedom.Leeson 2010
Peter T.,BB%26T Professor for the Study of Capitalism at the Mercatus Center, George Mason University, Two Cheers for Capitalism? http://www.peterleeson.com/Two_Cheers_for_Capitalism.pdf
The data are clear: countries that became more capitalist became much wealthier. The
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. If growing political freedom and democracy deserves cheering, so does capitalism. |
| 02/22/2013 | Tournament: D6 Districts | Round: 2 | Opponent: Emory AB | Judge:
1AC Plan
The United States Federal Government should exclude crude oil and natural gas production from Exon-Florio reviews.
1AC Investment
The United States currently submits all foreign investment deals related to oil and gas production to the Committee on Foreign Investment in the United States, known as CFIUS. These restrictions chill foreign investment and send a signal of US protectionism.
Wilson Center 5-31-12 (Chinese Investment in North American Energy, http://www.wilsoncenter.org/event/chinese-investment-north-american-energy)
While Chinese foreign energy investment is on the rise, the more notable story is
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companies, which will allow China’s companies to better extract resources at home. CFIUS restrictions scuttle several acquisitions---profound skepticism is blocking investment now
Heifetz 2/13/13 (Stephen, is a partner in the Washington office of Steptoe, an international law firm. His clients include parties subject to review by CFIUS. He is a former deputy assistant secretary at the Department of Homeland Security, where he was a representative to CFIUS, “Make It Easier for China to Buy U.S. Businesses” http://www.bloomberg.com/news/2013-02-14/make-it-easier-for-china-to-buy-u-s-businesses.html)
U.S. President Barack Obama’s administration this week approved a significant business deal
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risks real damage by making it harder for cooperation and trust to grow. And there’s 2 scenarios –
First is protectionism – Global trade is on the brink of collapse- rising US protectionism risks global escalation.
Lincicome 12 (Scott, trade attorney, “Is Missing American Trade Leadership Beginning to Bear Protectionist Fruit? (Hint: Kinda Looks Like It),” June 12, http://lincicome.blogspot.com/2012/06/is-missing-american-trade-leadership.html)
Over the past few years, I and several other US trade-watchers have
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its long-held place at the front of the trade liberalization pack. And, restrictions on oil and gas investments explode the scope of foreign investment CFIUS reviews. This expansion of the CFIUS process is a protectionist tool to keep out investment.
Carroll-Emory International Law Review-09 (James, 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) II. Post 9/11 Application of Exon-Florio After 9/11
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that Reagan threatened to veto in order to strip the economic security provisions.
And, expanding the scope of CFIUS reviews undermines US trade leadership and triggers retaliation. The impact is global wars.
Carroll-Emory International Law Review-09 (James, 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) C. Economic Retaliation as a Result of CFIUS Protectionism Continued use of Exon-
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own interests to take any action that may destabilize the American economy. 182 ---Free trade prevents multiple scenarios world war 3.
Panzner 2008
Michael, 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 “Financial Armageddon: Protect Your Future from Economic Collapse,” pg. 136-138
Continuing calls for curbs on the flow of finance and trade will inspire the United
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between Muslims and Western societies as the beginnings of a new world war.
No alternate causes – only FDI is critical to solve conflict escalation
Blanton and Apodaca 2007
Robert G., Department of Political Science, University of Memphis, and Clair, Department of International Relations, Florida International University, The Social Science Journal 44 (2007) 599–619, https://umdrive.memphis.edu/rblanton/public/pubs_cv_blanton/soc_sci_journal_2007.pdf
Traditionally, FDI has been a particularly controversial facet of globalization, as the “
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implicitly accepts the “costs” of negative publicity and disregards them thereafter. And Scenario 2 is the economy –
Chinese FDI to the US declined sharply in 2012 but could rebound if the US takes steps to liberalize its national security FDI policy towards China.
Hanemann 12-28 (Theo, research director at the Rhodium Group and leads the firm’s cross-border investment work, Chinese FDI in the US in 2012, http://rhgroup.net/notes/chinese-direct-investmnet-in-the-u-s-in-2012-a-record-year-amid-a-gloomy-fdi-environment)
AGAINST THE GLOBAL TREND The recent growth of Chinese investment is even more remarkable in
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the United States remains a top destination for FDI from China and elsewhere.
And, energy restrictions destroy investor confidence, which crushes the dollar and triggers economic recession- the vague CFIUS interpretation of national security chills ALL foreign investment.
Carroll-Emory International Law Review-09 (James, 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)
B. National Security and Investor Uncertainty The uncertain interpretation of national security in Exon
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investment is more vital than ever to provide liquidity to American markets. 164 Economic decline increases the propensity for conventional and nuclear conflict
Harris and Burrows 09 PhD European History @ Cambridge, counselor in the National Intelligence Council (NIC) and member of the NIC’s Long Range Analysis Unit
Mathew, and Jennifer “Revisiting the Future: Geopolitical Effects of the Financial Crisis” http://www.ciaonet.org/journals/twq/v32i2/f_0016178_13952.pdf
Of course, the report encompasses more than economics and indeed believes the future is
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within and between states in a more dog-eat-dog world.
And conflict is highly likely – several studies prove
Royal 2010
Jedediah, Director of Cooperative Threat Reduction at the U.S. Department of Defense, “Economic Integration, Economic Signaling and the Problem of Economic Crises,” in Economics of War and Peace: Economic, Legal and Political Perspectives, ed. Goldsmith and Brauer, pg. 213-215
Less intuitive is how periods of economic decline may increase the likelihood of extern conflict
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not featured prominently in the economic-security debate and deserves more attention. Investment is at anemic levels slowing down all macroeconomic indicators – absent the plans infusion of capital there will be a second depression
Papola 1/30/13 (John, Contributer at Forbes, “Think Consumption Is The 'Engine' Of Our Economy? Think Again.” http://www.forbes.com/sites/beltway/2013/01/30/think-consumption-is-the-engine-of-our-economy-think-again/) Have you heard that the economy is like a car? It’s the most popular
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Claus must produce all year long before people get to enjoy their presents. And the plan is a quick injection of capital critical to economic recovery
Xu et al 12 (Ting, China and Economy consultant for Bertelsmann Stiftung, with Thieß Petersen and Tianlong Wang, Cash in Hand: Chinese Foreign Direct Investment in the U.S. and Germany, June,
http://www.bfna.org/sites/default/files/publications/Cash%20in%20Hand%20Second%20Edition%20final.pdf)
Although Chinese FDI has drawn increasing attention in the U.S. and Germany
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in bringing those countries that are facing a credit crunch back to growth. Narrowing the definition of national security to exclude “energy assets” insulates the CFIUS process from protectionist manipulation.
Carroll-Emory International Law Review-9 23 Emory Int'l L. Rev. 167 COMMENT: BACK TO THE FUTURE: REDEFINING THE FOREIGN INVESTMENT AND NATIONAL SECURITY ACT'S CONCEPTION OF NATIONAL SECURITY
Conclusion Exon-Florio should be amended to more narrowly define national security. The
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by embracing globalization and cooperation can the United States truly achieve national security. 1AC Gas
Currently inexperienced Chinese gas producers are developing blocks of shale domestically, yet they lack technological and methodological expertise due to a lack of partnerships with experienced firms
Haas and Katakey 2/19/13 (Reporters for Bloomberg, “China’s Shale Gas No Revolution as Price Imperils Output: Energy” http://www.bloomberg.com/news/2013-02-19/china-s-shale-gas-no-revolution-as-price-imperils-output-energy.html)
“China’s production targets are not realistic,” Chris Faulkner, chief executive officer of
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unlocking shale gas reserves, China’s only option is to import more LNG. China is limiting itself to “hands off” oil and gas deals – these small partnerships don’t secure technical expertise to develop Chinese shale – this puts them decades behind gas targets
Mandel 7-17 (Jenny, Reporter for EnergyWire, a daily publication covering the unconventional oil and gas sectors, Previous positions with EandE include editing Land Letter and writing news and feature stories for Greenwire, ClimateWire, and other news outlets, “Will U.S. shale technology make the leap across the Pacific?,” EnergyWire: Tuesday, July 17, 2012, http://www.eenews.net/public/energywire/2012/07/17/1) Modes of tech transfer Despite the challenges, the allure of a massive new domestic
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pursue contracts for natural gas imports to satisfy the strong and growing demand. US gas companies currently negotiate passive deals for Chinese companies because of CFIUS restrictions.
Knowledge @ Wharton 12 (China's Underground Race for Shale Gas, aug 21, http://knowledge.wharton.upenn.edu/arabic/article.cfm?articleid=2851) Meanwhile, in the U.S., shale gas leaders, such as Devon
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Chinese companies may be able to negotiate better terms, says CATF's Sung. Only the US has the expertise necessary for China to develop its shale resources- increased Chinese access to US drilling techniques and regulatory methods is critical.
Forbes, manager- Shale Gas Initiative at the World Resources Institute, 12 (Sarah, also the Senior Associate for the Climate and Energy Program at the World Resources Institute, HEARING BEFORE THE U.S.-CHINA ECONOMIC AND SECURITY REVIEW COMMISSION: “CHINA’S GLOBAL QUEST FOR RESOURCES AND IMPLICATIONS FOR THE UNITED STATES; CHINA’S PROSPECTS FOR SHALE GAS AND IMPLICATIONS FOR THE U.S.,” January 26, http://pdf.wri.org/testimony/forbes_testimony_china_shale_gas_2012-01-26.pdf)
Are there risks as well as opportunities for U.S. companies? From
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aware of and take into account while pursuing and designing Chinese domestic development. Investment in the U.S. solves – even if the U.S. is geographically distinct, it gives China the expertise to capitalize on shale quickly enough and to understand how to experiment with different geographical contexts
Yang 8/08/12 (Catherine, Senior-level Washington, D.C.-based business journalist and communications professional, with in-depth experience in China, technology, economics, and other policy issues. , “China Drills Into Shale Gas, Targeting Huge Reserves Amid Challenges” http://news.nationalgeographic.com/news/energy/2012/08/120808-china-shale-gas/)
Hills and water have shaped the story of Chongqing, in China's southwest. At
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ramp up shale production at least ten-fold between 2015 and 2020. Chinese shale development key to displace their coal use—renewables cant be scaled up fast enough.
Hanger 12 (John, Special Counsel at the law firm Eckert Seamans, and former Secretary of the Pennsylvania Department of Environmental Protection and Commissioner of the Pennsylvania Public Utility Commission, “China Gets Cracking on Fracking: The Best Environmental News Of The Year?,” Aug 14, http://johnhanger.blogspot.com/2012/08/china-gets-cracking-on-fracking-good.html) China sits on natural gas reserves that are estimated to be 50% higher than the massive gas reserves in the USA. http://news.nationalgeographic.com/news/energy/2012/08/120808-china-shale-gas/. Despite this gargantuan gas resource, coal provides China 80% of its electricity, compared to 34% in the USA, as of May 2012. Why the difference? The shale gas boom that is now more than 10 years long in the USA is just getting started in China and so the Chinese remain heavily reliant on coal to make electricity and for their total energy. Around the world, the basic energy choice is coal or gas. China is just the biggest example of this fundamental fact. China's reliance on coal means that its economic growth brings skyrocketing carbon emissions and other air pollution. Indeed, Chinese air quality is infamous around the world, and smog has been so thick that Beijing airport has been unable to land planes for short periods. As of 2011, China was responsible for 29% of the world's carbon emissions, while the US produced 16%, even though the US economy is still considerably bigger than China's. Moreover, US carbon emissions are declining to 1992 levels, but China's emissions skyrocket. Though China is building substantial new wind, solar, and nuclear generation, those investments are not enough to cut Chinese coal consumption, given economic growth that is still 7% in what some describe as an economic slowdown. Shale gas, however, could be big enough to actually displace significant amounts of coal in China. More gas in China means less mercury, soot. lead, smog, and carbon emissions. China's energy plans call for shale gas to provide 6% of its total energy as soon as 2020. If it achieves that goal, China will avoid more than 500 million tons of carbon pollution per year or about 1.5% of today's total carbon emissions. Increasing demand for Chinese coal production causes water shortages which threaten economic collapse and political instability.
Schneider 11 (Keith, senior editor for Circle of Blue-a nonprofit focusing on resource shortages founded in 2000, Choke Point: China—Confronting Water Scarcity and Energy Demand in the World’s Largest Country, Feb 15, http://www.circleofblue.org/waternews/2011/world/choke-point-china%E2%80%94confronting-water-scarcity-and-energy-demand-in-the-world%E2%80%99s-largest-country/)
By any measure, conventional and otherwise, China’s tireless advance to international economic prominence
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rising incomes and improving opportunities, is at risk, say some authorities.
And, pollution from coal causes environmental protests that threaten CCP rule.
LeVine 12 (Steve, author of The Oil and the Glory, Foreign Policy contributor, CHINA The Cost of Coal , The Weekly Wrap -- Aug. 3, 2012, http://oilandglory.foreignpolicy.com/posts/2012/08/03/the_weekly_wrap_aug_3_2012_part_i) China's moment of coal truth: A question that has vexed us for some time
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and economic outcomes. And yet that is exactly what we are seeing. Those pollution protests causes Chinese instability and CCP lashout
Nankivell 05 (Nathan, Senior Researcher @ Office of the Special Advisor Policy, Maritime Forces Pacific Headquarters, Canadian Department of National Defence, China's Pollution and the Threat to Domestic and Regional Stability, China Brief Vol: 5 Issue: 22, http://www.jamestown.org/programs/chinabrief/single/?tx_ttnews%5Btt_news%5D=3904andtx_ttnews%5BbackPid%5D=195andno_cache=1)
As the impact of pollution on human health becomes more obvious and widespread, it
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border. All of these situations would alter security assumptions in the region. Miscalculations make conflicts escalate
Friedberg 2011
(July/August, Aaron L., professor of politics and international affairs at the Woodrow Wilson School at Princeton University, Hegemony with Chinese Characteristics, The National Interest, lexis)
Such fears of aggression are heightened by an awareness that anxiety over a lack of
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are less likely to take extreme risks to retain their hold on power. And, collapse of the CCP
Pollution causes CCP collapse and nuclear war
Yee and Storey 2002
Herbert Yee, Professor of Politics and International Relations at the Hong Kong Baptist University, and Ian Storey, Lecturer in Defence Studies at Deakin University, 2002 The China Threat: Perceptions, Myths and Reality, RoutledgeCurzon, pg 5
The fourth factor contributing to the perception of a China threat is the fear of
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disintegrating China would also pose a threat to its neighbours and the world. Goes global
Plate 03
Tom, Professor at UCLA, The Straights Times, “Neo-cons a bigger risk to Bush than Chin,” 6-28-2003
But imagine a China disintegrating- on its own, without neo-conservative or
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economic growth – the very direction the White House now seems to prefer. Specifically, Chinese pollution causes nuclear war with Russia
Nankivell 05 (Nathan, Senior Researcher @ Office of the Special Advisor Policy, Maritime Forces Pacific Headquarters, Canadian Department of National Defence, China's Pollution and the Threat to Domestic and Regional Stability, China Brief Vol: 5 Issue: 22, http://www.jamestown.org/programs/chinabrief/single/?tx_ttnews%5Btt_news%5D=3904andtx_ttnews%5BbackPid%5D=195andno_cache=1)
In addition to the concerns already mentioned, pollution, if linked to a specific
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in full-scale war between two powerful, nuclear-equipped nations. The perception of slowdown risks Chinese lashout in asia and the middle east
Newmeyer 09 DR. JACQUELINE NEWMYER - LONG TERM STRATEGY GROUP- THE CENTER FOR NATIONAL POLICY “ECONOMIC CRISIS: IMPACT ON CHINESE MILITARY MODERNIZATION” APRIL 8, 2009, http://cnponline.org/index.php?ht=a/GetDocumentAction/i/12503
So I think either way, either because of the insecurity that is stoked
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the downturn would lead to a greater chance of conflict abroad for China. |
| 02/22/2013 | Tournament: Districts | Round: 2 | Opponent: Emory AB | Judge:
No passage – judiciary committee
Sarlin 2/21/13 (Benjy, reporter for Talking Points Memo and co-writes the campaign blog, TPM2012. He previously reported for The Daily Beast/Newsweek as their Washington Correspondent and covered local politics for the New York Sun. “Key House Republican: Don’t Even Think About A Path To Citizenship” http://tpmdc.talkingpointsmemo.com/2013/02/key-house-republican-dont-even-think-about-a-path-to-citizenship.php) Immigration reform’s chances in the House are looking bleaker after one of the top Republicans
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at some point, it’s unlikely Congress will pass a law this session. Nexen approval triggers the link
Reuters 2/12/13 (“CNOOC-Nexen Deal Wins US Approval, Its Last Hurdle” http://www.cnbc.com/id/100454779) U.S. regulators have approved the $15.1 billion takeover of
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Washington might want Nexen to dispose of the U.S. assets.
Plans popular
Orol 12 (Rob, senior writer for The Deal magazine and The Daily Deal
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deal for Nexen seen succeeding,” MarketWatch August 16, 2012, lexis)
Lobbyists hired early Also greasing the wheels, Cnooc hired Hill+Knowlton, a
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world and companies from all over the world want in on that action.”
Winners win
Heineman 10 (Ben Heineman Jr. has held top positions in government, law, and business. He is the author of High Performance with High Integrity “No Presidential Greatness Without Spending Political Capital” http://www.theatlantic.com/politics/archive/2010/03/no-presidential-greatness-without-spending-political-capital/37865/)
Only in recent months, when he was willing to make it his personal issue
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echoes decisions of his great Democratic predecessors, Harry Truman and Lyndon Johnson. The plan is treasury guidance
Jackson 10 (James K. Jackson, CRS Specialist in International Trade and Finance, Foreign Investment, CFIUS, and Homeland Security: An Overview, February 4, http://fpc.state.gov/documents/organization/138597.pdf) While CFIUS’s activities often seem to be quite opaque, the Committee is not free
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interest activities from falling under foreign control, primarily for national defense purposes.
That means no link
Hamilton and Schroeder 1994 James T. Hamilton is an assistant Professor of Public Policy, Economics and Political Science at Duke University, Christopher H. Schroeder is a Professor of Law at Duke University School of Law “Strategic Regulators and the Choice of Rulemaking Procedures: The Selection of Formal vs. Informal Rules in Regulating Hazardous Waste http://scholarship.law.duke.edu/cgi/viewcontent.cgi?article=4229andcontext=lcp
3. As the regulatory costs imposed on parties increase, the more likely the
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parties since informal rules may be applied with more discretion than formal rules. Political capital not key
Cook 2/21/13 (Charlie, Editor and Publisher of The Cook Political Report, and political analyst for National Journal, where he writes two weekly columns . He also writes a regular column for Washington Quarterly, published by the Center for Strategic and International Studies, and is a political analyst for NBC News. Widely regarded as one of the nation's leading authorities on U.S. elections and political trends, Cook has appeared on the ABC, CBS and NBC evening news programs, as well as on Good Morning America, “Why Obama Should Sit Down and Keep Quiet” http://www.nationaljournal.com/columns/cook-report/why-obama-should-sit-down-and-keep-quiet-20130221) Sometimes, silence really is golden. In politics, taking the path of highest
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, depoliticize it, and keep as quiet about it as he can. ( - ) No worker shortage – their ev is based on false allegations by corporations.
Gene Nelson, IT professional, “Foreign workers take jobs away from skilled Americans,” 8/21/2008, http://www.numbersusa.com/content/node/1304
Wealthy advocates of H-1B visas have industriously worked to keep this employer-
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fill openings in technology fields that are generated by retirements and business expansion. |
| 02/23/2013 | Tournament: | Round: | Opponent: | Judge: —-In the summer of 2005, Congress erupted in outrage at the possibility of Chinese investment in American oil and natural gas. Citing the apocalyptic threat of Sino "weapons of mass production," Congress passed the Exon-Florio amendment empowering the Council on Foreign Investment in the United States (CFIUS) to severely restrict foreign energy investors.Carroll 2009
James, Emory International Law Review, 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 Unocal Incident: Protectionism Run Amok The response to the attempt of CNOOC to
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that Reagan threatened to veto in order to strip the economic security provisions. —-Fear of foreign control over oil and natural gas subverts the Exon-Florio process, resulting in racially politicized threat construction.Carroll 2009
James, Emory International Law Review, 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
Fear of foreign control has always politicized the Exon-Florio process. The tide
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, Exon-Florio investigations are driven by the political winds in Congress. Pan 2009
Chengxin, Senior Lecturer in International Relations at Deakin University, What is Chinese about Chinese Businesses? Locating the ’rise of China’ in global production networks, Journal of Contemporary China, 18(58), January, 7–25
While many foreign businesses are moving their operations to China, many Chinese businesses,
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what is behind Chinese businesses is nothing short of the whole Chinese nation. Pan 2007
Chengxin, School of International and Political Studies, Faculty of Arts, Deakin University, What Is Chinese About Chinese Business? Implications for U.S. Responses to China’s Rise, Asia Research Centre, CBS, Copenhagen Discussion Papers
Secondly and more importantly, this construction of Otherness is prescriptive in practical and policy
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warehouses in revenge for their business losses from ’unfair Chinese competition.’ Hart-Landsberg %26 Burkett 2006
Martin, Professor of Economics and Director of the Political Economy Program at Lewis and Clark College, Paul, professor of economics at Indiana State University, China and the Dynamics of Transnational Accumulation: Causes and Consequences of Global Restructuring, Historical Materialism, volume 14:3 (3–43)
Our analysis of contemporary dynamics also highlights the fact that this transnational capitalist restructuring,
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for change that can enable working people to reclaim control over their lives. —-The impact is global militarism %26 violence against millions —- Maintaining oil and natural gas within the frame of national security makes effective policy-making impossible.Hillyard et. al. 12
Hildyard Lohmann %26 Sexton 2012-Nicholas, founder and Director of The Corner House, Larry, author of the book "Carbon Trading: A Critical Conversation on Climate Change, Privatization and Power" %26 works at the British NGO The Corner House, Sarah, a director of The Corner House, Energy Security For What? For Whom? The Corner House, http://www.thecornerhouse.org.uk/resource/energy-security-whom-what
Mainstream policy responses to such issues are largely framed in terms of "energy security
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single term can capture realities on the ground involving different histories and materialities. —-The dominant frame of Chinese oil and natural gas investment as an act of national aggression makes American security policy a self-fulfilling prophecy.Pan 2007
Chengxin, School of International and Political Studies, Faculty of Arts, Deakin University, What Is Chinese About Chinese Business? Implications for U.S. Responses to China’s Rise, Asia Research Centre, CBS, Copenhagen Discussion Papers
From the global production network perspective, not only does the assumption of a zero
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succeed in bringing out a more unified rival in China down the road. Pan 2004
Chengxin, Department of Political Science and International Relations, Faculty of Arts, at Deakin University, August, Discourses Of ’China’ In International Relations: A Study in Western Theory as (IR) Practice, p. 43-44
Like the liberal construction of Other touched on above, this largely realist framing of
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to continue to be proud of their leading role in world affairs.36 —-So called "objective" security claims must be analyzed at the level of knowledge production. The identification of a ’China Threat’ cannot be separated from the colonial desires they satisfy and military powers they benefit.Pan 2013
Chengxin, Senior Lecturer in International Relations, Deakin University, Australia, Knowledge, Desire and Power in Global Politics Western Representations of China’s Rise, pg. 82-83
Consequently, for all the claims of the ’China threat’ paradigm to be scientific knowledge
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fulfilling prophecy, an issue which will be examined in the next chapter. Thus the plan —- The United States federal government should end Exon-Florio reviews for crude oil and natural gas production.Hart-Landsberg %26 Burkett 2006
Martin, Professor of Economics and Director of the Political Economy Program at Lewis and Clark College, Paul, professor of economics at Indiana State University, China and the Dynamics of Transnational Accumulation: Causes and Consequences of Global Restructuring, Historical Materialism, volume 14:3 (3–43)
The data does indeed show that China has achieved unprecedented rates of growth and that
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to build international solidarity and nationally complementary strategies to oppose and overcome it. Pan 2007
Chengxin, School of International and Political Studies, Faculty of Arts, Deakin University, What Is Chinese About Chinese Business? Implications for U.S. Responses to China’s Rise, Asia Research Centre, CBS, Copenhagen Discussion Papers
While such anti-China rhetoric and policies are lent credibility and urgency by the
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lost much of their galvanising impact on the government or the general public. ====—-The elimination of investment restrictions is a critical challenge to American economic unilateralism. The elimination of Exon-Florio restrictions is not an affirmation of free trade systems but rather a strategic move to avoid the assimilation of leftist politics into the Pentagon’s efforts at "containing" China. ====
Bello %26 Mittal 2000
Walden, Anuradha, Dangerous Liaisons: Progressives, the Right, and the Anti-China Trade Campaign, Institute for Food and Development Policy/Food First, May, http://www.tni.org/archives/archives_bello_china
A coalition of forces seeks to deprive China of permanent normal trading relations (PNTR
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, "the wrong war at the wrong place at the wrong time". —-Locating oil and natural gas investment from Chinese businesses within global production networks creates greater sensitivity to the uneven distribution of value and power in the global production processes and is a prerequisite to challenging inequality.Pan 2009
Chengxin, Senior Lecturer in International Relations at Deakin University, What is Chinese about Chinese Businesses? Locating the ’rise of China’ in global production networks, Journal of Contemporary China, 18(58), January, 7–25
The complexities of the identity of Chinese businesses are reflected in both the extensive intermingling
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in the face of the multiple, unstable identities of businesses and economies. Rahman 2011
K. Sabeel, A.B., Harvard College, 2005; M.Sc., Economics for Development, Oxford University, 2006; M.St., Sociolegal Studies, Oxford University, 2007; J.D. Candidate, Harvard Law School, Class of 2012; Ph.D. Candidate, Government, Harvard University, ENVISIONING THE REGULATORY STATE: TECHNOCRACY, DEMOCRACY, AND INSTITUTIONAL EXPERIMENTATION IN THE 2010 FINANCIAL REFORM AND OIL SPILL STATUTES, http://www.harvardjol.com/wp-content/uploads/2011/07/Rahman_Note.pdf
These weaknesses of the technocratic model create a fundamental challenge for the modern regulatory state
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one that leaves ample room for the representation and engagement of different values. Swyngedouw 2011
Eric, Interrogating post-democratization: Reclaiming egalitarian political spaces, Political Geography (2011), doi:10.1016/j.polgeo.2011.08.001
Second, attention needs to turn to the modalities of repoliticization. Re-politicizing
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undocumented and other immigrants in Europe or the US claim their egalibertarian place. |
| 02/23/2013 | Tournament: D6 Districts | Round: 4 | Opponent: Louisville WV | Judge:
---Identity is a product of politics not skin color --- Shifting away from questions of governance naturalized exclusive views of identity and precludes radical change.
Dean 2005
Jodi, Politics without Politics, http://repub.eur.nl/res/pub/15161/oratiejodidean.pdf
Nonetheless, there are two ways that post-politics is a useful descriptor.
AND
is widespread and it works against the building and invigorating of left politics.
---The combining calls for racial justice with the affirmatives attack against class based and economic exploitation can stop whiteness.
Young 2006
Robert, Putting Materialism back into Race Theory: Toward a Transformative Theory of Race, The Red Critique Vol. 11, http://redcritique.org/WinterSpring2006/puttingmaterialismbackintoracetheory.htm
This essay advances a materialist theory of race. In my view, race oppression
AND
Instead, I theorize freedom as a material effect of emancipated economic forms.
---This means only the permutation can explain why whiteness and racial exclusion remain compelling narratives --- Understanding the structural and economic basis for racism is key.
Young 2006
Robert, Putting Materialism back into Race Theory: Toward a Transformative Theory of Race, The Red Critique Vol. 11, http://redcritique.org/WinterSpring2006/puttingmaterialismbackintoracetheory.htm
The logic of autonomy moves away from transcendental subject, but it gives way to
AND
because this would take him outside of the formal grammar of racist discourse.
---This turns 100% of the K --- Disconnecting government policy change from social transformation surrenders state power to republicans while legitimizing government oppression. Either they explain how to abolish the state or you vote aff to grab .
Zizek 2007
Slavoj, Resistance is Surrender: What to Do about Capitalism?, http://www.lrb.co.uk/v29/n22/slavoj-zizek/resistance-is-surrender
These positions are not presented as a way of avoiding some ‘true’ radical Left
AND
Gates, corporate polluters, fox hunters – who ‘resist’ the state.
---Permutation is a prerequisite to alternative solvency --- The combination offers the political research skills necessary to launch broader and more radical challenges to America.
Lohmann 2012
Larry, FINANCIALIZATION, COMMODIFICATIONAND CARBON:THE CONTRADICTIONS OFNEOLIBERAL CLIMATE POLICY, SOCIALIST REGISTER, http://thecornerhouse.org.uk/sites/thecornerhouse.org.uk/files/Socialist%20Register%20Neoliberal%20Climate%20Policy%20Contradictions.pdf
Scapegoating ideology, however, is as double-edged as its cynical variety,
AND
climate policy can be, and are being, opened at many levels.
---Only the permutation’s evaluation of policy consequences challenges structural racism --- It’s impossible to address legal inequality without an in-depth interrogation of legal structure.
Bracey 2006
Christopher A., Associate Professor of Law, Associate Professor of African and African American Studies, Washington University in St. Louis, September, Southern California Law Review, 79 S. Cal. L. Rev. 1231, p. 13-18
Second, reducing conversation on race matters to an ideological contest allows opponents to elide
AND
ideological exchange, which further exacerbates hostilities and deepens the cycle of resentment.
---There’s no link to their “State Bad” claims --- We don’t appeal to the state but rather place demands on ourselves and the debate community to imagine a better vision of sovereign action that serves to rally rather than demobilize politics.
Dean and Deseriis 2012
Jodi, Professor of Political Science at Hobart and William Smith Colleges, Marco, Postdoctoral Fellow at the Eugene Lang College of The New School, A Movement Without Demands?, Possible Futures, http://www.possible-futures.org/2012/01/03/a-movement-without-demands/
Both the anti-representational and the autonomist objections fail to recognize two key features
AND
powerful as our movement, the movement of us toward a common end.
---Fiat precludes token reformism --- Since every conceded policy offering was originally impossible; government concessions merely build greater momentum for structural change.
Dean and Deseriis 2012
Jodi, Professor of Political Science at Hobart and William Smith Colleges, Marco, Postdoctoral Fellow at the Eugene Lang College of The New School, A Movement Without Demands?, Possible Futures, http://www.possible-futures.org/2012/01/03/a-movement-without-demands/
In this respect, while neo-Keynesian and socialist positions downplay and overlook existing
AND
disposition and usage is determined by the community of their users and producers.
---We solve their offense but they can’t solve ours --- Theories of racial justice don’t translate into policy change without specific policy advocacies.
Hinson et al 2011
Workbook developed by Sandra Hinson, Richard Healey and Nathaniel Weisenberg at the Grassroots Policy Project. DeAngelo Bester, National People’s Action and Charlene Sinclair, Union Theological Seminary, also contributed to this workbook, Race, Power and Policy: Dismantling Structural Racism, http://www.strategicpractice.org/system/files/race_power_policy_workbook.pdf
It is important for racial justice organizations to be proactive in developing policies that begin
AND
organizations can use when developing policies that will have a positive racial impact.
---The Alternative fails --- It takes the status quo structure of race as an inevitability creating a form of placebo activism that gives up the fight for radically redefining existing institutions and practices like the state, energy policy or the policy debate community before it’s even begin.
Swyngedouw 2009
Erik, School of Environment and Development, Manchester University, The Antinomies of the Postpolitical City: In Search of a Democratic Politics of Environmental Production, International Journal of Urban and Regional Research, Volume 33, Issue 3, pages 601–620
Therefore, the political act (intervention) proper is ‘not simply something that
AND
” are already taken into account, even engendered by the hegemonic form’.
---Their claim that personal experience determines the validity of argument is solipsism --- It stifles dialogue and is reductionist --- Our arguments are relevant and bracketing them out destroys efforts for change.
Bridges 2001
David, Centre for Applied Research in Education, University of East Anglia, The Ethics of Outsider Research, Journal of Philosophy of Education, Vol. 35, No. 3
First, it is argued that only those who have shared in, and have
AND
from disempowered communities and it is to this that I shall now turn. |
| 03/29/2013 | Tournament: NDT | Round: 2 | Opponent: UDC-CC BS | Judge:
1AC
Contention One --- Weapons of Mass Production
---In the summer of 2005, Congress erupted in outrage at the possibility of Chinese investment in American oil and natural gas. Citing the apocalyptic threat of Sino “weapons of mass production,” Congress passed the Exon-Florio amendment empowering the Council on Foreign Investment in the United States (CFIUS) to severely restrict foreign energy investors.
Carroll, Attorney for Rogers Law Offices, 2009
James, Emory International Law Review, 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 Unocal Incident: Protectionism Run Amok The response to the attempt of CNOOC to
AND
that Reagan threatened to veto in order to strip the economic security provisions.
---Fear of foreign control over oil and natural gas subverts the Exon-Florio process, resulting in racially politicized threat construction.
Carroll, Attorney for Rogers Law Offices, 2009
James, Emory International Law Review, 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
Fear of foreign control has always politicized the Exon-Florio process. The tide
AND
, Exon-Florio investigations are driven by the political winds in Congress.
---Specifically, the policy of energy security review places Chinese oil investment as part of a larger homogenous strategy for global domination. Corporate action that would otherwise be widely considered business as usual is securitized and presented as evidence of China’s coordinated global assault on the American way of life.
Pan, Senior Lecturer in International Relations at Deakin University, 2009
Chengxin, What is Chinese about Chinese Businesses? Locating the ‘rise of China’ in global production networks, Journal of Contemporary China, 18(58), January, 7–25
While many foreign businesses are moving their operations to China, many Chinese businesses,
AND
what is behind Chinese businesses is nothing short of the whole Chinese nation.
---The problem with CFIUS is the assumption of coherence; not the construction of China as a threat, nor lack of peaceful overtures. Viewing China as a cohesive whole means even when policymakers overcome their fear, fantasy continues to warp and distort America policy response. These questions must be challenged at the level of knowledge production.
Pan 2012
Chengxin, Senior Lecturer in International Relations at Deakin University, China Watching and Contemporary Geopolitics of Fear and Fantasy, ElgarBlog, http://elgarblog.wordpress.com/2012/12/12/china-watching-and-contemporary-geopolitics-of-fear-and-fantasy-by-chengxin-pan/
In The Geopolitics of Emotion (2009), the French author Dominique Moïse describes how
AND
shift that is likely to profoundly shape global politics in the coming decades.
---The frame of Chinese oil and natural gas investment as monolithic nation-state action makes American security policy a self-fulfilling prophecy that sees acts of aggression behind every business move and investment deal.
Pan 2007
Chengxin, School of International and Political Studies, Faculty of Arts, Deakin University, What Is Chinese About Chinese Business? Implications for U.S. Responses to China’s Rise, Asia Research Centre, CBS, Copenhagen Discussion Papers
From the global production network perspective, not only does the assumption of a zero
AND
succeed in bringing out a more unified rival in China down the road.
---This knowledge production starts from the position of the bomber and enables nuclear annihilation.
Chow, the Andrew W. Mellon Professor of the Humanities and Professor of Modern Culture and Media Studies at Brown University, 2006
Rey, The Age of the World Target: Self-Referentiality in War, Theory, and Comparative Work, p. 40-42
Often under the modest and apparently innocuous agendas of fact gathering and documentation, the
AND
definable object” – and by “the problem of the vanishing object.”
---So called “objective” security claims must be analyzed at the level of knowledge production. The identification of a ‘China threat’ cannot be separated from the colonial desires they satisfy and military powers they benefit.
Pan 2013
Chengxin, Senior Lecturer in International Relations, Deakin University, Australia, Knowledge, Desire and Power in Global Politics Western Representations of China’s Rise, pg. 82-83
Consequently, for all the claims of the 'China threat’ paradigm to be scientific knowledge
AND
fulfilling prophecy, an issue which will be examined in the next chapter.
Thus the plan —- The United States federal government should end Exon-Florio reviews for crude oil and natural gas production.
Contention Two --- Global Production Networks
---Voting affirmative embraces a view of oil production as part of global production networks that transforms and deconstructs the nationalist economic lens. Such a move embodies a politics of international solidarity creating the space for pan-national connections between workers in China and the United States necessary to challenge and reshape both discourse and economic structure.
Hart-Landsberg and Burkett 2006
Martin, Professor of Economics and Director of the Political Economy Program at Lewis and Clark College, Paul, professor of economics at Indiana State University, China and the Dynamics of Transnational Accumulation: Causes and Consequences of Global Restructuring, Historical Materialism, volume 14:3 (3–43)
The data does indeed show that China has achieved unprecedented rates of growth and that
AND
to build international solidarity and nationally complementary strategies to oppose and overcome it.
---The problem is one of framing. Reinterpreting energy investment actions as specific businesses working within transnational production networks rather than as aggression from a rising Chinese behemoth shatters the notion of a unified Chinese business interest, exposing elite economic exploitation and challenging populist nationalism.
Pan 2007
Chengxin, School of International and Political Studies, Faculty of Arts, Deakin University, What Is Chinese About Chinese Business? Implications for U.S. Responses to China’s Rise, Asia Research Centre, CBS, Copenhagen Discussion Papers
While such anti-China rhetoric and policies are lent credibility and urgency by the
AND
lost much of their galvanising impact on the government or the general public.
---The elimination of investment restrictions is a critical challenge to American economic unilateralism. The elimination of Exon-Florio restrictions is not an affirmation of free trade systems but rather a strategic move to avoid the assimilation of leftist politics into the Pentagon’s efforts at “containing” China.
Bello, executive director of Focus on the Global South, and Mittal, co-director of the Oakland-based Institute for Food and Development Policy, 2000
Walden, Anuradha, Dangerous Liaisons: Progressives, the Right, and the Anti-China Trade Campaign, Institute for Food and Development Policy/Food First, May, http://www.tni.org/archives/archives_bello_china
A coalition of forces seeks to deprive China of permanent normal trading relations (PNTR
AND
, "the wrong war at the wrong place at the wrong time".
---Locating oil and natural gas investment from Chinese businesses within global production networks creates greater sensitivity to the uneven distribution of value and power in the global production processes and is a prerequisite to challenging inequality.
Pan 2009
Chengxin, Senior Lecturer in International Relations at Deakin University, What is Chinese about Chinese Businesses? Locating the ‘rise of China’ in global production networks, Journal of Contemporary China, 18(58), January, 7–25
The complexities of the identity of Chinese businesses are reflected in both the extensive intermingling
AND
in the face of the multiple, unstable identities of businesses and economies. ---Working within technocratic structure to reform the production process is the only way to hold corporate energy interests accountable and democratize American energy policy.
Rahman 2011
K. Sabeel, A.B., Harvard College, 2005; M.Sc., Economics for Development, Oxford University, 2006; M.St., Sociolegal Studies, Oxford University, 2007; J.D. Candidate, Harvard Law School, Class of 2012; Ph.D. Candidate, Government, Harvard University, ENVISIONING THE REGULATORY STATE: TECHNOCRACY, DEMOCRACY, AND INSTITUTIONAL EXPERIMENTATION IN THE 2010 FINANCIAL REFORM AND OIL SPILL STATUTES, http://www.harvardjol.com/wp-content/uploads/2011/07/Rahman_Note.pdf
These weaknesses of the technocratic model create a fundamental challenge for the modern regulatory state
AND
one that leaves ample room for the representation and engagement of different values.
---Fiat is the best vehicle to change politics --- Imagining the impossible but unquestionably reasonable change to CIFUS procedures alters the collective political coordinates of institutional structure to make the impossible possible.
Swyngedouw 2011
Eric, Interrogating post-democratization: Reclaiming egalitarian political spaces, Political Geography (2011), doi:10.1016/j.polgeo.2011.08.001
Second, attention needs to turn to the modalities of repoliticization. Re-politicizing
AND
undocumented and other immigrants in Europe or the US claim their egalibertarian place.
---The success of dialectical political confrontation over the resolution at transforming what’s considered politically feasible to result in real world change is empirically proven.
Mitchell 2010
Gordon R., Associate Professor and Director of Graduate Studies in the Department of Communication at the University of Pittsburgh, Switch-Side Debating Meets Demand-Driven Rhetoric of Science, Rhetoric and Public Affairs, http://www.pitt.edu/~gordonm/JPubs/Mitchell2010.pdf
Such findings are consistent with the views of policy analysts advocating the argumentative turn in
AND
its foundations in the English ield’s tradition of literary criticism and textual analysis. |
| 03/29/2013 | Tournament: NDT | Round: 2 | Opponent: UDC-CC BS | Judge:
2AC Terrorism K
---Fear of terrorism collapses the political resulting in wars of annihilation --- The lack of identifiable enemy subject results in global psychosis.
Reinhard 2004
Kenneth, UCLA, Towards a Political-Theology of the Neighbor (Draft), Google Cache
If the concept of the political is defined, as Carl Schmitt does, in
AND
to resuscitate him, to breathe life into the animus of the enemy. |
| 03/29/2013 | Tournament: NDT | Round: 2 | Opponent: UDC-CC BS | Judge:
2AC T
---we meet-foreign investment restrictions are on production
Hirsch-former senior energy program adviser for Science Applications International Corporation-11
Commentary: Restrictions on world oil production http://www.energybulletin.net/stories/2011-03-28/commentary-restrictions-world-oil-production Restrictions on world oil production can be divided into four categories: 1. Geology
AND
and restrictions on foreign investment has led to significant Mexican oil production decline.
---The plan specifies that it removes restrictions only on the production stage. There is no other way to read it and the plan should be the ultimate arbiter of this question.
---We meet – we are a prohibitory access restriction
Voss 12 (CJ Attorney at Stoel Rives LLP) September 24, 2012 "Energy Law Alert: CFIUS Intervenes in Chinese-Owned Wind Project" http://www.stoel.com/showalert.aspx?Show=9813)
On July 25, 2012, CFIUS issued an Order Establishing Interim Mitigation Measures requiring
AND
the sale or transfer of the equity or assets of the Oregon Projects.
---Mitigation agreements are access restrictions.
Zaring, Law Prof at Penn, 09 (David, Assistant Professor, Wharton School, University of Pennsylvania; Visiting Assistant Professor, University of Pennsylvania Law School, CFIUS AS A CONGRESSIONAL NOTIFICATION SERVICE, Nov, 83 S. Cal. L. Rev. 81)
To be sure, determining a "law of CFIUS" is not easy.
AND
to *85 "mitigate any threat to ... national security." 13
---Counter-interpretation—restrictions include limiting conditions
Plummer 29 J., Court Justice, MAX ZLOZOWER, Respondent, v. SAM LINDENBAUM et al., Appellants Civ. No. 3724COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT100 Cal. App. 766; 281 P. 102; 1929 Cal. App. LEXIS 404September 26, 1929, Decided, lexis The word "restriction," when used in connection with the grant of interest in
AND
a particular event, or the performance or nonperformance of a particular act.
---These limiting conditions are de-facto prohibitions because they set the bar too high on production
Marchick 07 (David, partner at Covington and Burling, where he advises
companies on the CFIUS process, “Swinging the Pendulum too Far: An Analysis of the CFIUS Process Post-Dubai Ports World,” Jan, http://www.nfap.net/researchactivities/studies/NFAPPolicyBriefCFIUS0107.pdf) As Figure 4 (see Appendix) shows, jobs associated with foreign investment grew
AND
them at a competitive disadvantage vis-à-vis their American competitors. |
| 03/29/2013 | Tournament: NDT | Round: 2 | Opponent: UDC-CC BS | Judge:
2AC Carolll CP Permutation-- do the plan and limit CFIUS reviews as outlined by the counterplan.
This isn’t what carroll advocates at all…Zero solvency
Carroll-Emory International Law Review-9
23 Emory Int'l L. Rev. 167 COMMENT: BACK TO THE FUTURE: REDEFINING THE FOREIGN INVESTMENT AND NATIONAL SECURITY ACT'S CONCEPTION OF NATIONAL SECURITY
This proposed definition of national security would be even more limited than the original Exon
AND
economic factors can only encourage protectionism and politicization of the CFIUS process.224
Doesn’t solve any of the critical impacts
Carroll-Emory International Law Review-9
23 Emory Int'l L. Rev. 167 COMMENT: BACK TO THE FUTURE: REDEFINING THE FOREIGN INVESTMENT AND NATIONAL SECURITY ACT'S CONCEPTION OF NATIONAL SECURITY
On July 26, 2007, President Bush signed FINSA into law.120 The
AND
day investigation,131 which increases transparency and the likelihood of congressional involvement.
Anything can be considered a military threat
Carroll-Emory International Law Review-9
23 Emory Int'l L. Rev. 167 COMMENT: BACK TO THE FUTURE: REDEFINING THE FOREIGN INVESTMENT AND NATIONAL SECURITY ACT'S CONCEPTION OF NATIONAL SECURITY
Senator Charles Schumer’s call to investigate the Borse Company’s purchase of a 20% interest
AND
direct investment within the United States would be potentially vulnerable to similar scrutiny.
the counterplan doenst limit congresses ability to be involved in transactions- means the CP doesn’t solve politicization
Carroll-Emory International Law Review-9
23 Emory Int'l L. Rev. 167 COMMENT: BACK TO THE FUTURE: REDEFINING THE FOREIGN INVESTMENT AND NATIONAL SECURITY ACT'S CONCEPTION OF NATIONAL SECURITY
FINSA mandates that the CFIUS conduct a 45-day investigation any time the foreign
AND
in American infrastructure may alienate our allies and isolate America even further.186 We solve Iran – allowing China to invest in the U.S. solves shift And
Framing the middle east as a zone of instability in need of US intervention is grounded in a deeper imperial project that sees middle eastern social relations as unstable and in need of change, this reproduces their impacts by inflaming resentment and risks extinction.
JOYA 2005 – PHD CANDIDATE YORK U
THEORIZING US IMPERIAL STRATEGIES IN THE MIDDLE EAST, YCISS PAPER # 37, DECEMBER
While the establishment of monopoly control over Middle Eastern oil and energy2 is often posited
AND
possibility of implosion of the empire as a result of its own policies. 1AR China cant do it
A. commercial interests- they wont divert oil and gas from the US back to China.
McCarthy and Jordan 8-4-12 (Shawn and Pav, China goes corporate with bid for Canadian oil, http://m.theglobeandmail.com/report-on-business/industry-news/energy-and-resources/china-goes-corporate-with-bid-for-canadian-oil/article4446114/?service=mobile) So far the CNOOC bid has not set off a political firestorm in Canada.
AND
which is keen to see additional supply brought on to the global market.
B. Ability- They control less than 2% of the market
Rosen and Houser 07 (Daniel, Fellow, Peterson Institute for International Economics, and Trevor-Visiting Fellow, Colin Powell Center for Policy Studies, China Energy: A Guide for the Perplexed, http://www.iie.com/publications/papers/rosen0507.pdf) As stated in the previous section, concerns about the overseas activities of China’s energy
AND
emergence of Chinese firms that abide by international norms for competition and investment. |
| 03/29/2013 | Tournament: NDT | Round: 1 | Opponent: | Judge: —-In the summer of 2005, Congress erupted in outrage at the possibility of Chinese investment in American oil and natural gas. Citing the apocalyptic threat of Sino "weapons of mass production," Congress passed the Exon-Florio amendment empowering the Council on Foreign Investment in the United States (CFIUS) to severely restrict foreign energy investors.Carroll, Attorney for Rogers Law Offices, 2009
James, Emory International Law Review, 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 Unocal Incident: Protectionism Run Amok The response to the attempt of CNOOC to
AND
that Reagan threatened to veto in order to strip the economic security provisions. —-Fear of foreign control over oil and natural gas subverts the Exon-Florio process, resulting in racially politicized threat construction.Carroll, Attorney for Rogers Law Offices, 2009
James, Emory International Law Review, 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
Fear of foreign control has always politicized the Exon-Florio process. The tide
AND
, Exon-Florio investigations are driven by the political winds in Congress. Pan, Senior Lecturer in International Relations at Deakin University, 2009
Chengxin, What is Chinese about Chinese Businesses? Locating the ’rise of China’ in global production networks, Journal of Contemporary China, 18(58), January, 7–25
While many foreign businesses are moving their operations to China, many Chinese businesses,
AND
what is behind Chinese businesses is nothing short of the whole Chinese nation. —-The problem with CFIUS is the assumption of coherence; not the construction of China as a threat, nor lack of peaceful overtures. Viewing China as a cohesive whole means even when policymakers overcome their fear, fantasy continues to warp and distort America policy response. These questions must be challenged at the level of knowledge production.Pan 2012
Chengxin, Senior Lecturer in International Relations at Deakin University, China Watching and Contemporary Geopolitics of Fear and Fantasy, ElgarBlog, http://elgarblog.wordpress.com/2012/12/12/china-watching-and-contemporary-geopolitics-of-fear-and-fantasy-by-chengxin-pan/
In The Geopolitics of Emotion (2009), the French author Dominique Moïse describes how
AND
shift that is likely to profoundly shape global politics in the coming decades. —-The frame of Chinese oil and natural gas investment as monolithic nation-state action makes American security policy a self-fulfilling prophecy that sees acts of aggression behind every business move and investment deal.Pan 2007
Chengxin, School of International and Political Studies, Faculty of Arts, Deakin University, What Is Chinese About Chinese Business? Implications for U.S. Responses to China’s Rise, Asia Research Centre, CBS, Copenhagen Discussion Papers
From the global production network perspective, not only does the assumption of a zero
AND
succeed in bringing out a more unified rival in China down the road. —-This knowledge production starts from the position of the bomber and enables nuclear annihilation.Chow, the Andrew W. Mellon Professor of the Humanities and Professor of Modern Culture %26 Media Studies at Brown University, 2006
Rey, The Age of the World Target: Self-Referentiality in War, Theory, and Comparative Work, p. 40-42
Often under the modest and apparently innocuous agendas of fact gathering and documentation, the
AND
definable object" – and by "the problem of the vanishing object." —-So called "objective" security claims must be analyzed at the level of knowledge production. The identification of a ’China threat’ cannot be separated from the colonial desires they satisfy and military powers they benefit.Pan 2013
Chengxin, Senior Lecturer in International Relations, Deakin University, Australia, Knowledge, Desire and Power in Global Politics Western Representations of China’s Rise, pg. 82-83
Consequently, for all the claims of the ’China threat’ paradigm to be scientific knowledge
AND
fulfilling prophecy, an issue which will be examined in the next chapter. Thus the plan —- The United States federal government should end Exon-Florio reviews for crude oil and natural gas production.Hart-Landsberg %26 Burkett 2006
Martin, Professor of Economics and Director of the Political Economy Program at Lewis and Clark College, Paul, professor of economics at Indiana State University, China and the Dynamics of Transnational Accumulation: Causes and Consequences of Global Restructuring, Historical Materialism, volume 14:3 (3–43)
The data does indeed show that China has achieved unprecedented rates of growth and that
AND
to build international solidarity and nationally complementary strategies to oppose and overcome it. Pan 2007
Chengxin, School of International and Political Studies, Faculty of Arts, Deakin University, What Is Chinese About Chinese Business? Implications for U.S. Responses to China’s Rise, Asia Research Centre, CBS, Copenhagen Discussion Papers
While such anti-China rhetoric and policies are lent credibility and urgency by the
AND
lost much of their galvanising impact on the government or the general public. ====—-The elimination of investment restrictions is a critical challenge to American economic unilateralism. The elimination of Exon-Florio restrictions is not an affirmation of free trade systems but rather a strategic move to avoid the assimilation of leftist politics into the Pentagon’s efforts at "containing" China. ====
Bello, executive director of Focus on the Global South, %26 Mittal, co-director of the Oakland-based Institute for Food and Development Policy, 2000
Walden, Anuradha, Dangerous Liaisons: Progressives, the Right, and the Anti-China Trade Campaign, Institute for Food and Development Policy/Food First, May, http://www.tni.org/archives/archives_bello_china
A coalition of forces seeks to deprive China of permanent normal trading relations (PNTR
AND
, "the wrong war at the wrong place at the wrong time". —-Locating oil and natural gas investment from Chinese businesses within global production networks creates greater sensitivity to the uneven distribution of value and power in the global production processes and is a prerequisite to challenging inequality.Pan 2009
Chengxin, Senior Lecturer in International Relations at Deakin University, What is Chinese about Chinese Businesses? Locating the ’rise of China’ in global production networks, Journal of Contemporary China, 18(58), January, 7–25
The complexities of the identity of Chinese businesses are reflected in both the extensive intermingling
AND
in the face of the multiple, unstable identities of businesses and economies. Rahman 2011
K. Sabeel, A.B., Harvard College, 2005; M.Sc., Economics for Development, Oxford University, 2006; M.St., Sociolegal Studies, Oxford University, 2007; J.D. Candidate, Harvard Law School, Class of 2012; Ph.D. Candidate, Government, Harvard University, ENVISIONING THE REGULATORY STATE: TECHNOCRACY, DEMOCRACY, AND INSTITUTIONAL EXPERIMENTATION IN THE 2010 FINANCIAL REFORM AND OIL SPILL STATUTES, http://www.harvardjol.com/wp-content/uploads/2011/07/Rahman_Note.pdf
These weaknesses of the technocratic model create a fundamental challenge for the modern regulatory state
AND
one that leaves ample room for the representation and engagement of different values. Swyngedouw 2011
Eric, Interrogating post-democratization: Reclaiming egalitarian political spaces, Political Geography (2011), doi:10.1016/j.polgeo.2011.08.001
Second, attention needs to turn to the modalities of repoliticization. Re-politicizing
AND
undocumented and other immigrants in Europe or the US claim their egalibertarian place. Mitchell 2010
Gordon R., Associate Professor and Director of Graduate Studies in the Department of Communication at the University of Pittsburgh, Switch-Side Debating Meets Demand-Driven Rhetoric of Science, Rhetoric %26 Public Affairs, http://www.pitt.edu/~~gordonm/JPubs/Mitchell2010.pdf
Such findings are consistent with the views of policy analysts advocating the argumentative turn in
AND
its foundations in the English ield’s tradition of literary criticism and textual analysis. |
| 03/29/2013 | Tournament: NDT | Round: 2 | Opponent: UDC-CC | Judge:
2AC Permutation do both
Permutation do the plan and engage in renunciation creating space for awareness ---Scapegoating government restrictions are good --- Even if it falsely distributes blame, it’s a prerequisite to the alternative’s critical knowledge production.
Lohmann 2012
Larry, FINANCIALIZATION, COMMODIFICATIONAND CARBON:THE CONTRADICTIONS OFNEOLIBERAL CLIMATE POLICY, SOCIALIST REGISTER, http://thecornerhouse.org.uk/sites/thecornerhouse.org.uk/files/Socialist%20Register%20Neoliberal%20Climate%20Policy%20Contradictions.pdf
Scapegoating ideology, however, is as double-edged as its cynical variety,
AND
climate policy can be, and are being, opened at many levels.
---The alternative fails --- Collective structures result in political violence regarding energy addiction
Jensen 2009
Derrick, activist and the author of many books, most recently What We Leave Behind and Songs of the Dead, Forget Shorter Showers, Orion Magazine, http://www.orionmagazine.org/index.php/articles/article/4801/
WOULD ANY SANE PERSON think dumpster diving would have stopped Hitler, or that composting
AND
it’s deeply revolutionary. It’s not. Personal change doesn’t equal social change.
---Individual local strategies fail to adapt to the inevitability of global concerns and guarantees a world dominated by violence and energy addiction
Monbiot 2004
George, journalist, academic, and political and environmental activist, Manifesto for a New World Order, p. 11-13
The quest for global solutions is difficult and divisive. Some members of this movement
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to prevent climate change from destroying the conditions it requires for its survival.
---The alternative reifies constructed Western notions of the ‘local’ that collapses autonomy and masks oppression.
Escobar 1995
Arturo, Associate professor of Anthropology @ UMASS, Encountering Development: The Making and Unmaking of the Third World, pg. 170
As Ana Maria Alonso (1992) remarked in the context of another peasant struggle
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enthusiastically we assume the nonexistence of that distinction. (111,112) ---Economic decline does not cause war.
Miller 2000
Morris, Professor of Administration @ the University of Ottawa, Interdisciplinary Science Review, v 25 n4 2000 p ingenta connect
The question may be reformulated. Do wars spring from a popular reaction to a
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by increasing repression (thereby using one form of violence to abort another). And Biodiversity collapse also doesn’t cause extinction
Jablonski 1 (Prof @ Department of Geophysical Sciences, University of Chicago “Lessons from the past: Evolutionary impacts of mass extinctions” May 16. http://www.pnas.org/content/98/10/5393.full//Donnie)
Mass extinctions have never entirely reset the evolutionary clock: even the huge losses at
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without recovery (“dead clade walking”), and (v) unbridled diversification.
And their impacts are inevitable – there’s no difference between Chinese oil production and US oil production happening now which produces their extinction impacts and unfettered growth – the altenrative can’t solve them through simple rejection. Nationalist scapegoating precludes anti-capitalist mobilization --- CFIUS allows all the problems of capitalism to be blamed on China.
Moody 2000
Kim, staff writer for Labor Notes and author of An Injury to All and Workers in a Lean World, Protectionism or Solidarity? (Part I), http://www.solidarity-us.org/site/node/951
From a Marxist point of view, it seems obvious that the roots of economic
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to the defense of the business in the protection afforded by the border.
The removal of CFIUS anti-market forces solves bad capitalism and is historically distinct from the system described in their evidence.
De Landa 1998
Manuel, Markets and Antimarkets in the World Economy, http://www.alamut.com/subj/economics/de_landa/antiMarkets.html
When approaching the subject of economic power, one can safely ignore the entire field
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completely, and to begin speaking of markets and antimarkets and their dynamics. Permutation do both
(A.) Withdrawing from global trade locks the alternative within a nationalist frame precluding transnational solidarity and organization.
Bello and Mittal 2000
Walden, Anuradha, Dangerous Liaisons: Progressives, the Right, and the Anti-China Trade Campaign, Institute for Food and Development Policy/Food First, May, http://www.tni.org/archives/archives_bello_china
The anti-China trade campaign amounts to a Faustian bargain that seeks to buy
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power of global corporations and multilateral agencies that promote TNC-led globalization.
(B.) Total rejection of capitalism fragments resistance and reifies structural oppression.
Gibson-Graham 1996
J.K., feminist economist, End of Capitalism, pg 263-264
One of our goals as Marxists has been to produce a knowledge of capitalism.
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its unity a fantasy, visible as a denial of diversity and change. ---Capitalism will not collapse and rejection surrenders to the right --- The only solution is transforming the structures of trade from within.
Zizek 2007
Slavoj, Resistance is Surrender, London Review of Books, http://www.lrb.co.uk/v29/n22/slavoj-zizek/resistance-is-surrender
One of the clearest lessons of the last few decades is that capitalism is indestructible
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sense, but in order to better it or attenuate its malicious effect’?
---Turn --- Interdependence through foreign investment solves all of their turns – it creates an ethic of mutual recognition and respect between competittors that doesn’t require instrumentalization of all life
Badhwar 2007
Neera K., Associate Professor of Philosophy at University of Oklahoma - September “Friendship and Commercial Societies” Forthcoming in Politics, Philosophy, and Economics http://praxeology.net/guest-badhwar1.htm
I have argued that the critics of market societies misunderstand both markets and friendship by
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friendlier to civic and character friendship than any other developed form of society.
---The alternative fails --- Markets are inevitable and culturally universal.
Lavoie and Chamlee-Wright 2000
Don Lavoie Professor of Economics at George Mason University and Emily Chamlee-Wright Associate Professor of Economics and Management at Beloit College, Culture and Enterprise: the development, representation, and morality of business p. 47-48
Indeed the favorite stick with which the left likes to hit economists is the claim
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human society has a strong propensity to generate and engage in market activity. ---Rationalist security reviews of oil and natural gas investment causes militarism, violence against millions and makes effective policy-making impossible.
Hillyard et. al. 12
Hildyard Lohmann and Sexton 2012-Nicholas, founder and Director of The Corner House, Larry, author of the book “Carbon Trading: A Critical Conversation on Climate Change, Privatization and Power” and works at the British NGO The Corner House, Sarah, a director of The Corner House, Energy Security For What? For Whom? The Corner House, http://www.thecornerhouse.org.uk/resource/energy-security-whom-what
Mainstream policy responses to such issues are largely framed in terms of “energy security
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single term can capture realities on the ground involving different histories and materialities.
---Addressing the conditions of militarism outweighs specific scenarios for war --- Creates the conditions of constant violence eliminating the difference between peace and war; makes their scenario inevitable.
Dabashi 2007
Hamid, Thinking beyond the US invasion of Iran, http://weekly.ahram.org.eg/2007/831/focus.htm
More than being at war, what works best for the US/Israeli warlords
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its potential and actual evidence, that we must learn how to respond. |
| 03/29/2013 | Tournament: NDT | Round: 3 | Opponent: Umich CM | Judge: Fisher, Jacobs, Gliniecki
Advantage is Russia –
Russian oil production is collapsing- additional foreign investment is critical to open up new fields and modernize Russian oil production. Key to prevent Russian economic collapse.
Weitz 1/29/13 (Richard, senior fellow and director of the Center for Political-Military Affairs at Hudson Institute. He analyzes mid- and long-term national and international political-military issues, including by employing scenario-based planning. His current areas of research include defense reform, counterterrorism, homeland security, and U.S. policies towards Europe, the former Soviet Union, Asia, and the Middle East, "Global Insights: Oil Sector a Challenge for Russia, Opportunity for U.S." http://www.worldpoliticsreview.com/articles/12672/global-insights-oil-sector-a-challenge-for-russia-opportunity-for-u-s-http://www.worldpoliticsreview.com/articles/12672/global-insights-oil-sector-a-challenge-for-russia-opportunity-for-u-s)
Though Russian oil production continues to rise and is currently approaching Soviet-era levels
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fiscal and regulatory reforms that establish a more competitive and transparent domestic market.
—-Russian economic decline results in nuclear conflict – political instability and loose nuclear weapons
Filger, 9 ~Sheldon, correspondent for the Huffington Post, "Russian Economy Faces Disastrous Free Fall Contraction," http://www.globaleconomiccrisis.com/blog/archives/356~~
In Russia historically, economic health and political stability are intertwined to a degree that
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the financial impact of the Global Economic Crisis is its least dangerous consequence. —-Resultant civil instability results in regional conflict and arms transferring that magnifies the impact
Steven David, political scientist, FOREIGN AFFAIRS, January/February 1999, p. http://www.foreignaffairs.org/19990101faessay955/steven-r-david/saving-america-from-the-coming-civil-wars.html-http://www.foreignaffairs.org/19990101faessay955/steven-r-david/saving-america-from-the-coming-civil-wars.html If internal war does strike Russia, economic deterioration will be a prime cause
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this threat more than the chaos that would follow a Russian civil war. Investors will quickly invest in Russian oil production if the investment playing field is leveled.
Kostanian 8/9/12 (Utilizing a conglomerate of research analysts – *Karen Kostanian, *Anton Fedotov, *Ivan Karachinsky, *Hootan Yazhari,*Laura Webster, "Russian oils 2020: The unconventional future" https://www.usrbc.org/pics/File/member_news/2020_oil.pdf-https://www.usrbc.org/pics/File/member_news/2020_oil.pdf)
In our launch of the Russia 2020 series we wrote that we expected the market
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these changes are crucial to improving the long term sustainability of Russian finances. —-And the U.S. example of CFIUS sets up Russia’s policy – the plan is critical to prevent backsliding against investment openness in Russia
Marchick and Slaughter 2008
David M. Marchick serves as managing director and global head of regulatory affairs for the Carlyle Group, Matthew J. Slaughter is associate dean of the MBA program and professor of international economics at the Tuck School of Business at Dartmouth. Global FDI Policy: Correcting a Protectionist Drift. CSR NO. 34, JUNE 2008 COUNCIL ON FOREIGN RELATIONS Russia’s move to create a new foreign investment review process was formally launched in a
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Federation legislation," which presumably means for issues resolved by a Russian court. |
| 03/29/2013 | Tournament: | Round: | Opponent: | Judge: The United States currently submits all foreign investment deals related to oil and gas production to the Committee on Foreign Investment in the United States, known as CFIUS. These restrictions chill foreign investment and send a signal of US protectionism.
Wilson Center 5-31-12 (Chinese Investment in North American Energy, http://www.wilsoncenter.org/event/chinese-investment-north-american-energy)
While Chinese foreign energy investment is on the rise, the more notable story is
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companies, which will allow China’s companies to better extract resources at home. And the recent approval of China’s acquisition of Nexen hasn’t sent a signal of clarity to Chinese investments –deals aren’t descriptive of the overall investment climate which discourages foreign investment
AFP 3/9/13 ("China urges ’transparency’ in US investment checks" http://www.google.com/hostednews/afp/article/ALeqM5i30aWBa0GriBbNQp2MtRrKI0fQXA?docId=CNG.27ef70857747573796976c04a8966f67.6e1-http://www.google.com/hostednews/afp/article/ALeqM5i30aWBa0GriBbNQp2MtRrKI0fQXA?docId=CNG.27ef70857747573796976c04a8966f67.6e1)
BEIJING — The United States should be more transparent on security checks on foreign investments
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added that the approval had some "unfair and slightly discriminatory" terms. And there’s 2 scenarios –
First is protectionism – Global trade is on the brink of collapse- rising US protectionism risks global escalation.
Lincicome 12 (Scott, trade attorney, "Is Missing American Trade Leadership Beginning to Bear Protectionist Fruit? (Hint: Kinda Looks Like It)," June 12, http://lincicome.blogspot.com/2012/06/is-missing-american-trade-leadership.html)
Over the past few years, I and several other US trade-watchers have
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its long-held place at the front of the trade liberalization pack. And, restrictions on oil and gas investments explode the scope of foreign investment CFIUS reviews. This expansion of the CFIUS process is a protectionist tool to keep out investment.
Carroll-Emory International Law Review-09 (James, 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) II. Post 9/11 Application of Exon-Florio After 9/11
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that Reagan threatened to veto in order to strip the economic security provisions.
And, expanding the scope of CFIUS reviews undermines US trade leadership and triggers retaliation. The impact is global wars.
Carroll-Emory International Law Review-09 (James, 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)
C. Economic Retaliation as a Result of CFIUS Protectionism Continued use of Exon-
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own interests to take any action that may destabilize the American economy. 182 —-Free trade prevents multiple scenarios world war 3.
Panzner 2008
Michael, 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 "Financial Armageddon: Protect Your Future from Economic Collapse," pg. 136-138
Continuing calls for curbs on the flow of finance and trade will inspire the United
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between Muslims and Western societies as the beginnings of a new world war.
And only Unilateral FDI liberalization is critical to prevent trade backsliding and prevent economic depression
Erixon and Sally, directors-ECIPE, 10 (Fredrik and Razeen, European Centre for International Political Economy, TRADE, GLOBALISATION AND EMERGING PROTECTIONISM SINCE THE CRISIS, http://www.ecipe.org/media/publication_pdfs/trade-globalisation-and-emerging-protectionism-since-the-crisis.pdf) ~italics are from original source~ We think Mr. Bentham’s world-view will cause damage, not only to domestic economies but also to the world trading system. This will not be a replay of the 1930s, but a replay of the 1970s is a serious prospect. The world is in danger of undoing the market reforms of the 1980s and ’90s that brought unprecedented prosperity, especially to emerging markets outside the West. Like the 1970s, policy backsliding could prolong a severe downturn and compromise eventual recovery. The short-term challenge is to arrest the slide to Big Government at home and creeping protectionism abroad. The medium-term challenge is to get back on track with trade and FDI liberalisation combined with domestic structural reforms – substantial "unfinished business" left before the crisis struck. More, not less, markets and globalisation are what the world needs. That is primarily a matter for unilateral action by governments and competitive emulation among them. It can be reinforced by international policy cooperation in the WTO, G20 and other fora, but not too much can be expected of cumbersome global-governance mechanisms. Overall, limits to government intervention and a well-functioning market economy are of a piece with open markets, economic globalisation and international political stability. And Scenario 2 is the economy –
Chinese FDI to the US declined sharply in 2012 but could rebound if the US takes steps to liberalize its national security FDI policy towards China.
Hanemann 12-28 (Theo, research director at the Rhodium Group and leads the firm’s cross-border investment work, Chinese FDI in the US in 2012, http://rhgroup.net/notes/chinese-direct-investmnet-in-the-u-s-in-2012-a-record-year-amid-a-gloomy-fdi-environment)
AGAINST THE GLOBAL TREND The recent growth of Chinese investment is even more remarkable in
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the United States remains a top destination for FDI from China and elsewhere.
And, energy restrictions destroy investor confidence, which crushes the dollar and triggers economic recession- the vague CFIUS interpretation of national security chills ALL foreign investment.
Carroll-Emory International Law Review-09 (James, 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)
B. National Security and Investor Uncertainty The uncertain interpretation of national security in Exon
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investment is more vital than ever to provide liquidity to American markets. 164 Economic decline increases the propensity for conventional and nuclear conflict
Harris and Burrows 09 PhD European History @ Cambridge, counselor in the National Intelligence Council (NIC) %26 member of the NIC’s Long Range Analysis Unit
Mathew, and Jennifer "Revisiting the Future: Geopolitical Effects of the Financial Crisis" http://www.ciaonet.org/journals/twq/v32i2/f_0016178_13952.pdf-http://www.ciaonet.org/journals/twq/v32i2/f_0016178_13952.pdf
Of course, the report encompasses more than economics and indeed believes the future is
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within and between states in a more dog-eat-dog world.
And conflict is highly likely – several studies prove
Royal 2010
Jedediah, Director of Cooperative Threat Reduction at the U.S. Department of Defense, "Economic Integration, Economic Signaling and the Problem of Economic Crises," in Economics of War and Peace: Economic, Legal and Political Perspectives, ed. Goldsmith and Brauer, pg. 213-215
Less intuitive is how periods of economic decline may increase the likelihood of extern conflict
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not featured prominently in the economic-security debate and deserves more attention. Economic collapse coming now – pro-investment policy like the aff solves
Ferrara 3/8/2013
Peter, Peter Ferrara is a Heartland senior fellow for entitlement and budget policy, a senior fellow at the Social Security Institute, and the general counsel of the American Civil Rights Union, The Coming Sequester Lies http://blog.heartland.org/2013/03/the-coming-sequester-lies/ The obscured truth that our very dumbed down country right now can’t get is that
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nothing remotely mainstream about them) even allows the debate on the air. And the plan is a quick injection of capital critical to economic recovery
Xu et al 12 (Ting, China and Economy consultant for Bertelsmann Stiftung, with Thieß Petersen and Tianlong Wang, Cash in Hand: Chinese Foreign Direct Investment in the U.S. and Germany, June,
http://www.bfna.org/sites/default/files/publications/Cash%20in%20Hand%20Second%20Edition%20final.pdf)
Although Chinese FDI has drawn increasing attention in the U.S. and Germany
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in bringing those countries that are facing a credit crunch back to growth. Narrowing the definition of national security to exclude "energy assets" insulates the CFIUS process from protectionist manipulation.
Carroll-Emory International Law Review-9 23 Emory Int’l L. Rev. 167 COMMENT: BACK TO THE FUTURE: REDEFINING THE FOREIGN INVESTMENT AND NATIONAL SECURITY ACT’S CONCEPTION OF NATIONAL SECURITY
Conclusion Exon-Florio should be amended to more narrowly define national security. The
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by embracing globalization and cooperation can the United States truly achieve national security. Currently inexperienced Chinese gas producers are developing blocks of shale domestically, yet they lack technological and methodological expertise due to a lack of partnerships with experienced firms
Haas and Katakey 2/19/13 (Reporters for Bloomberg, "China’s Shale Gas No Revolution as Price Imperils Output: Energy" http://www.bloomberg.com/news/2013-02-19/china-s-shale-gas-no-revolution-as-price-imperils-output-energy.html-http://www.bloomberg.com/news/2013-02-19/china-s-shale-gas-no-revolution-as-price-imperils-output-energy.html)
"China’s production targets are not realistic," Chris Faulkner, chief executive officer of
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unlocking shale gas reserves, China’s only option is to import more LNG. China is limiting itself to "hands off" oil and gas deals – these small partnerships don’t secure technical expertise to develop Chinese shale – this puts them decades behind gas targets
Mandel 7-17 (Jenny, Reporter for EnergyWire, a daily publication covering the unconventional oil and gas sectors, Previous positions with E%26E include editing Land Letter and writing news and feature stories for Greenwire, ClimateWire, and other news outlets, "Will U.S. shale technology make the leap across the Pacific?," EnergyWire: Tuesday, July 17, 2012, http://www.eenews.net/public/energywire/2012/07/17/1) Modes of tech transfer Despite the challenges, the allure of a massive new domestic
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pursue contracts for natural gas imports to satisfy the strong and growing demand. US gas companies currently negotiate passive deals for Chinese companies because of CFIUS restrictions.
Knowledge @ Wharton 12 (China’s Underground Race for Shale Gas, aug 21, http://knowledge.wharton.upenn.edu/arabic/article.cfm?articleid=2851) Meanwhile, in the U.S., shale gas leaders, such as Devon
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Chinese companies may be able to negotiate better terms, says CATF’s Sung. Only the US has the expertise necessary for China to develop its shale resources- increased Chinese access to US drilling techniques and regulatory methods is critical.
Forbes, manager- Shale Gas Initiative at the World Resources Institute, 12 (Sarah, also the Senior Associate for the Climate and Energy Program at the World Resources Institute, HEARING BEFORE THE U.S.-CHINA ECONOMIC AND SECURITY REVIEW COMMISSION: "CHINA’S GLOBAL QUEST FOR RESOURCES AND IMPLICATIONS FOR THE UNITED STATES; CHINA’S PROSPECTS FOR SHALE GAS AND IMPLICATIONS FOR THE U.S.," January 26, http://pdf.wri.org/testimony/forbes_testimony_china_shale_gas_2012-01-26.pdf)
Are there risks as well as opportunities for U.S. companies? From
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aware of and take into account while pursuing and designing Chinese domestic development. Investment in the U.S. solves – even if the U.S. is geographically distinct, it gives China the expertise to capitalize on shale quickly enough and to understand how to experiment with different geographical contexts
Yang 8/08/12 (Catherine, Senior-level Washington, D.C.-based business journalist and communications professional, with in-depth experience in China, technology, economics, and other policy issues. , "China Drills Into Shale Gas, Targeting Huge Reserves Amid Challenges" http://news.nationalgeographic.com/news/energy/2012/08/120808-china-shale-gas/-http://news.nationalgeographic.com/news/energy/2012/08/120808-china-shale-gas/)
Hills and water have shaped the story of Chongqing, in China’s southwest. At
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ramp up shale production at least ten-fold between 2015 and 2020. Chinese shale development key to displace their coal use—renewables cant be scaled up fast enough.
Hanger 12 (John, Special Counsel at the law firm Eckert Seamans, and former Secretary of the Pennsylvania Department of Environmental Protection and Commissioner of the Pennsylvania Public Utility Commission, "China Gets Cracking on Fracking: The Best Environmental News Of The Year?," Aug 14, http://johnhanger.blogspot.com/2012/08/china-gets-cracking-on-fracking-good.html) China sits on natural gas reserves that are estimated to be 50% higher than the massive gas reserves in the USA. http://news.nationalgeographic.com/news/energy/2012/08/120808-china-shale-gas/. Despite this gargantuan gas resource, coal provides China 80% of its electricity, compared to 34% in the USA, as of May 2012. Why the difference? The shale gas boom that is now more than 10 years long in the USA is just getting started in China and so the Chinese remain heavily reliant on coal to make electricity and for their total energy. Around the world, the basic energy choice is coal or gas. China is just the biggest example of this fundamental fact. China’s reliance on coal means that its economic growth brings skyrocketing carbon emissions and other air pollution. Indeed, Chinese air quality is infamous around the world, and smog has been so thick that Beijing airport has been unable to land planes for short periods. As of 2011, China was responsible for 29% of the world’s carbon emissions, while the US produced 16%, even though the US economy is still considerably bigger than China’s. Moreover, US carbon emissions are declining to 1992 levels, but China’s emissions skyrocket. Though China is building substantial new wind, solar, and nuclear generation, those investments are not enough to cut Chinese coal consumption, given economic growth that is still 7% in what some describe as an economic slowdown. Shale gas, however, could be big enough to actually displace significant amounts of coal in China. More gas in China means less mercury, soot. lead, smog, and carbon emissions. China’s energy plans call for shale gas to provide 6% of its total energy as soon as 2020. If it achieves that goal, China will avoid more than 500 million tons of carbon pollution per year or about 1.5% of today’s total carbon emissions. Increasing demand for Chinese coal production causes water shortages which threaten economic collapse and political instability.
Schneider 11 (Keith, senior editor for Circle of Blue-a nonprofit focusing on resource shortages founded in 2000, Choke Point: China—Confronting Water Scarcity and Energy Demand in the World’s Largest Country, Feb 15, http://www.circleofblue.org/waternews/2011/world/choke-point-china%E2%80%94confronting-water-scarcity-and-energy-demand-in-the-world%E2%80%99s-largest-country/)
By any measure, conventional and otherwise, China’s tireless advance to international economic prominence
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rising incomes and improving opportunities, is at risk, say some authorities.
And, pollution from coal causes environmental protests that threaten CCP rule.
LeVine 12 (Steve, author of The Oil and the Glory, Foreign Policy contributor, CHINA The Cost of Coal , The Weekly Wrap — Aug. 3, 2012, http://oilandglory.foreignpolicy.com/posts/2012/08/03/the_weekly_wrap_aug_3_2012_part_i-http://oilandglory.foreignpolicy.com/posts/2012/08/03/the_weekly_wrap_aug_3_2012_part_i) China’s moment of coal truth: A question that has vexed us for some time
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and economic outcomes. And yet that is exactly what we are seeing. Those pollution protests causes Chinese instability and CCP lashout
Nankivell 05 (Nathan, Senior Researcher @ Office of the Special Advisor Policy, Maritime Forces Pacific Headquarters, Canadian Department of National Defence, China’s Pollution and the Threat to Domestic and Regional Stability, China Brief Vol: 5 Issue: 22, http://www.jamestown.org/programs/chinabrief/single/?tx_ttnews%5Btt_news%5D=3904%26tx_ttnews%5BbackPid%5D=195%26no_cache=1)
As the impact of pollution on human health becomes more obvious and widespread, it
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border. All of these situations would alter security assumptions in the region. Miscalculations make conflicts escalate
Friedberg 2011
(July/August, Aaron L., professor of politics and international affairs at the Woodrow Wilson School at Princeton University, Hegemony with Chinese Characteristics, The National Interest, lexis)
Such fears of aggression are heightened by an awareness that anxiety over a lack of
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are less likely to take extreme risks to retain their hold on power. And, collapse of the CCP
Pollution causes CCP collapse and nuclear war
Yee and Storey 2002
Herbert Yee, Professor of Politics and International Relations at the Hong Kong Baptist University, and Ian Storey, Lecturer in Defence Studies at Deakin University, 2002 The China Threat: Perceptions, Myths and Reality, RoutledgeCurzon, pg 5
The fourth factor contributing to the perception of a China threat is the fear of
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disintegrating China would also pose a threat to its neighbours and the world. Goes global
Plate 03
~Tom, Professor at UCLA, The Straights Times, "Neo-cons a bigger risk to Bush than Chin," 6-28-2003~
But imagine a China disintegrating- on its own, without neo-conservative or
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economic growth – the very direction the White House now seems to prefer. Specifically, Chinese pollution causes nuclear war with Russia
Nankivell 05 (Nathan, Senior Researcher @ Office of the Special Advisor Policy, Maritime Forces Pacific Headquarters, Canadian Department of National Defence, China’s Pollution and the Threat to Domestic and Regional Stability, China Brief Vol: 5 Issue: 22, http://www.jamestown.org/programs/chinabrief/single/?tx_ttnews%5Btt_news%5D=3904%26tx_ttnews%5BbackPid%5D=195%26no_cache=1)
In addition to the concerns already mentioned, pollution, if linked to a specific
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in full-scale war between two powerful, nuclear-equipped nations. The perception of slowdown risks Chinese lashout in asia and the middle east
Newmeyer 09 DR. JACQUELINE NEWMYER - LONG TERM STRATEGY GROUP- THE CENTER FOR NATIONAL POLICY "ECONOMIC CRISIS: IMPACT ON CHINESE MILITARY MODERNIZATION" APRIL 8, 2009, http://cnponline.org/index.php?ht=a/GetDocumentAction/i/12503
So I think either way, either because of the insecurity that is stoked
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the downturn would lead to a greater chance of conflict abroad for China. Advantage is Russia –
Russian oil production is collapsing- additional foreign investment is critical to open up new fields and modernize Russian oil production. Key to prevent Russian economic collapse.
Weitz 1/29/13 (Richard, senior fellow and director of the Center for Political-Military Affairs at Hudson Institute. He analyzes mid- and long-term national and international political-military issues, including by employing scenario-based planning. His current areas of research include defense reform, counterterrorism, homeland security, and U.S. policies towards Europe, the former Soviet Union, Asia, and the Middle East, "Global Insights: Oil Sector a Challenge for Russia, Opportunity for U.S." http://www.worldpoliticsreview.com/articles/12672/global-insights-oil-sector-a-challenge-for-russia-opportunity-for-u-s-http://www.worldpoliticsreview.com/articles/12672/global-insights-oil-sector-a-challenge-for-russia-opportunity-for-u-s)
Though Russian oil production continues to rise and is currently approaching Soviet-era levels
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fiscal and regulatory reforms that establish a more competitive and transparent domestic market.
—-Russian economic decline results in nuclear conflict – political instability and loose nuclear weapons
Filger, 9 ~Sheldon, correspondent for the Huffington Post, "Russian Economy Faces Disastrous Free Fall Contraction," http://www.globaleconomiccrisis.com/blog/archives/356~~
In Russia historically, economic health and political stability are intertwined to a degree that
AND
the financial impact of the Global Economic Crisis is its least dangerous consequence. —-Resultant civil instability results in regional conflict and arms transferring that magnifies the impact
Steven David, political scientist, FOREIGN AFFAIRS, January/February 1999, p. http://www.foreignaffairs.org/19990101faessay955/steven-r-david/saving-america-from-the-coming-civil-wars.html-http://www.foreignaffairs.org/19990101faessay955/steven-r-david/saving-america-from-the-coming-civil-wars.html If internal war does strike Russia, economic deterioration will be a prime cause
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this threat more than the chaos that would follow a Russian civil war. Investors will quickly invest in Russian oil production if the investment playing field is leveled.
Kostanian 8/9/12 (Utilizing a conglomerate of research analysts – *Karen Kostanian, *Anton Fedotov, *Ivan Karachinsky, *Hootan Yazhari,*Laura Webster, "Russian oils 2020: The unconventional future" https://www.usrbc.org/pics/File/member_news/2020_oil.pdf-https://www.usrbc.org/pics/File/member_news/2020_oil.pdf)
In our launch of the Russia 2020 series we wrote that we expected the market
AND
these changes are crucial to improving the long term sustainability of Russian finances. —-And the U.S. example of CFIUS sets up Russia’s policy – the plan is critical to prevent backsliding against investment openness in Russia
Marchick and Slaughter 2008
David M. Marchick serves as managing director and global head of regulatory affairs for the Carlyle Group, Matthew J. Slaughter is associate dean of the MBA program and professor of international economics at the Tuck School of Business at Dartmouth. Global FDI Policy: Correcting a Protectionist Drift. CSR NO. 34, JUNE 2008 COUNCIL ON FOREIGN RELATIONS Russia’s move to create a new foreign investment review process was formally launched in a
AND
Federation legislation," which presumably means for issues resolved by a Russian court. New Plan
The United States Federal Government should substantially reduce foreign investment restrictions on crude oil and natural gas production in the United States. |
| 03/29/2013 | Tournament: | Round: | Opponent: | Judge:
New Plan
The United States Federal Government should substantially reduce foreign investment restrictions on crude oil and natural gas production in the United States. |
| 03/30/2013 | Tournament: NDT | Round: 5 | Opponent: Stanford GS | Judge: Contention one is inherency:
The Court is about to rule against the Ralls Corporation’s challenge to national security restrictions on wind production.
Daily Journal of Commerce (Portland, OR) 12/19/12
December 19, 2012 Wednesday SECTION: COMMENTARY LENGTH: 932 words HEADLINE: Commentary
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Ralls has said it will appeal, and the court battles will continue. And, the plan solves- a judicial ruling limiting the application of CFIUS review regarding national security and energy production assets would set a precedent for all foreign investment deals. The international business community is closely watching the court on this issue.
Vigdor et al-Vinson and Elkins LLP-10/22/12
Blocking Ore. Wind Farms: Overstepping Authority?
http://www.velaw.com/uploadedFiles/VEsite/Resources/BlockingOreWindFarmsOversteppingAuthority.pdf
The Ralls Corporation, a Chinese-owned wind farm developer, has sued President
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November when the court holds a hearing on the government’s motion to dismiss. ADVANTAGE 1 IS GRID INVESTMENT The Ralls wind restriction makes Chinese energy investment uncertainty inevitable. Removing national security restrictions is critical to increasing Chinese energy investment in the US.
Hart American Progress Policy Analyst 13 (Melanie Hart, Policy Analyst for Chinese Energy and Climate Policy at American Progress. She focuses on China’s science and technology development policies for energy innovation as well as its domestic energy efficiency program, environmental regulatory regime, and domestic and international responses to global climate change. Before joining American Progress, Melanie was a project consultant for the Aspen Institute. She also worked on Qualcomm’s Asia Pacific business development team, where she provided technology market and regulatory analysis to guide Qualcomm operations in Greater China, "Increasing Opportunities for Chinese Direct Investment in U.S. Clean Energy," Feb 11, http://www.americanprogress.org/issues/china/report/2013/02/11/52576/increasing-opportunities-for-chinese-direct-investment-in-u-s-clean-energy/)
In President Barack Obama’s first term, economic issues were often a source of friction
AND
blocked for national security reasons.¶ National security reviews add another layer of uncertainty
Chinese enterprises report that one of their biggest concerns with direct investments in the United
AND
from launching projects that would be a win-win for both nations. Increasing US-China energy cooperative investment is key to future grid investment.
Hart same quals 13 (Melanie Hart, Policy Analyst for Chinese Energy and Climate Policy at American Progress. She focuses on China’s science and technology development policies for energy innovation as well as its domestic energy efficiency program, environmental regulatory regime, and domestic and international responses to global climate change. Before joining American Progress, Melanie was a project consultant for the Aspen Institute. She also worked on Qualcomm’s Asia Pacific business development team, where she provided technology market and regulatory analysis to guide Qualcomm operations in Greater China, "Increasing Opportunities for Chinese Direct Investment in U.S. Clean Energy," Feb 11, http://www.americanprogress.org/issues/china/report/2013/02/11/52576/increasing-opportunities-for-chinese-direct-investment-in-u-s-clean-energy/)
Why encouraging inward Chinese direct investment in clean energy makes sense for the United States
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critical prerequisites for building and promoting Chinese name-brand goods and services. Increased investment is critical for grid modernization Grid modernization key to deter a cyberattack on the grid
National Energy Technology Laboratory 07 (National Energy Technology Laboratory, "SIGNIFICANTLY REDUCED VULNERABILITY TO TERRORIST ATTACK AND NATURAL DISASTERS, Conducted by National Energy Technology Laboratory for the U.S. Department of Energy Office of Electricity Delivery and Energy Reliability, August 2007, http://www.netl.doe.gov/smartgrid/referenceshelf/whitepapers/Modern%20Grid%20Benefits_Final_v1_0.pdf)
A Center for Contemporary Conflict white paper estimates the direct cost of the 9/
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increased resistance to attack makes it better able to cope with natural disasters.
Attack on the grid risks nuclear war.
Andres Prof @ national war college and Breetz 11 (Richard Andres, Professor of National Security Strategy at the National War College and a Senior Fellow and Energy and Environmental Security and Policy Chair in the Center for Strategic Research, Institute for National Strategic Studies, at the National Defense University, and Hanna Breetz, doctoral candidate in the Department of Political Science at The Massachusetts Institute of Technology, Small Nuclear Reactorsfor Military Installations:Capabilities, Costs, andTechnological Implications, www.ndu.edu/press/lib/pdf/StrForum/SF-262.pdf)
Grid Vulnerability. DOD is unable to provide its bases with electricity when the civilian
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however, may not share this fear or be deterred by this possibility. More private investment will be critical for grid modernization- public stimulus spending wont cut it
Kovacs Chamber of Commerce 10 (William L. Kovacs, senior vice president of the U.S. Chamber of Commerce’s Environment, Technology, and Regulatory Affairs Division., Jan 21, "Smartgrid Modernization Requires Regulatory Reform," http://news.heartland.org/newspaper-article/2010/01/21/smartgrid-modernization-requires-regulatory-reform)
The fledgling smartgrid for electricity got some feathers on its wings in October 2009 with
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regulatory structure, business and industry stand ready to make the needed investments. IF TIME—— The grid is at high risk for failure- investment is needed quickly.
Gunther Chairman Gridwise 13 (Erich,Chairman and CTO, Co-Founder, EnerNex; Chairman, DOE GridWise Architecture Council; IEEE Fellow, PES Board Member, New Podcast: Modernizing the North American Grid, Feb 6, 2013, http://gridinsights.energycentral.com/detail.cfm/New-Podcast-Modernizing-the-North-American-Grid?id=100)
Aging electric utility infrastructure in the United States is taking its toll on our society
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that they are safe, effective, deployable, and cost-effective. Advantage 2 is TPP
CFIUS is an important test case for judicial review-the plan has large precedent potential
Bracken 12 (Len, Suit Filed Against CFIUS Order Seen As Trial Balloon in National Security Law, Oct 25, http://www.bartsfisher.com/pdf/040.pdf)
The civil complaint recently filed by the Chinese-owned Ralls Corp. against the
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the case is being closely watched for a potential precedent-setting effect.
The plan sets a precedent for limiting national security exemptions in other areas including Freedom of Information Act requirements.
Zaring-Assistant Professor, Wharton School-9
SOUTHERN CALIFORNIA LAW REVIEW Vol. 83:81 CFIUS AS A CONGRESSIONAL NOTIFICATION SERVICE
http://lawgip.usc.edu/assets/docs/contribute/83_1ZaringforWebsite.pdf-http://lawgip.usc.edu/assets/docs/contribute/83_1ZaringforWebsite.pdf
C. CFIUS AND THE INTERNATIONAL LEGAL DEFINITION OF NATIONAL SECURITY National security, or
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may also represent a different approach to formulating controlling policymaking in national security.
National Security exemptions undermine FOIA’s ability to challenge secrecy in TPP negotiations
Levine-Stanford Law-4/6/12
Bring in the Nerds: Secrecy, National Security and the Creation of International Intellectual Property Law Cardozo Arts %26 Entertainment Law Journal, Vol. 30, No. 2, p. 105, 2012
http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2038020-http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2038020
The first observation is the amplified use of formal secrecy as an international lawmaking construct
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U.S.’s position as a fair arbiter in international relations. This secrecy allows corporate interests to hijack the process, locking in restrictive intellectual property provisions.
Levine-Stanford Law-4/6/12
Bring in the Nerds: Secrecy, National Security and the Creation of International Intellectual Property Law Cardozo Arts %26 Entertainment Law Journal, Vol. 30, No. 2, p. 105, 2012
http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2038020-http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2038020
Importantly, this Article AND the public and its nerds.
Scenario One: Disease
Lack of transparency in negotiations undermine efforts to build in protections for global disease prevention—-This year is key and the TPP will set a precedent for future agreements
Balasegaram-Director MSF access campaign-13
tradinG away HealtH: tHe trans-PaciFic PartnersHiPaGreeMent (tPP)
http://www.doctorswithoutborders.org/publications/reports/2013/Access_Briefing_TPP_ENG_2013.pdf-http://www.doctorswithoutborders.org/publications/reports/2013/Access_Briefing_TPP_ENG_2013.pdf
Unless damaging provisions are removed before negotiations are finalized, the TPP agreement is on
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imposing some of the most damaging TRIPS-plus provisions on developing countries.
Disease pandemics risk extinction.
Steinbruner 1998
John D., Senior Fellow at Brookings Institution, "Biological weapons: A plague upon all houses," Foreign Policy, Dec 22, LN
It is a considerable comfort and undoubtedly a key to our survival that, so
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health, but a fundamental security problem for the species as a whole.
Their defense doesn’t assume Asia which is uniquely vulnerable to pandemics
Asia Business Council ’10
Containing Pandemic and Epidemic Diseases in Asia
http://www.asiabusinesscouncil.org/docs/DiseaseBriefing.pdf How prepared is Asia for pandemic and epidemic diseases? While efforts by national governments
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ensure rapid action to minimize economic and social costs when unexpected diseases hit.
Scenario Two: Agriculture Lack on public input in negotiations locks in dysfunctional agriculture policy
Hansen-Kuhn-Institute for Agriculture and Trade Policy-3/4/13
Who’s at the Table? Demanding Answers on Agriculture in the Trans-Pacific Partnership
http://www.iatp.org/documents/who%E2%80%99s-at-the-table-demanding-answers-on-agriculture-in-the-trans-pacific-partnership-http://www.iatp.org/documents/who%E2%80%99s-at-the-table-demanding-answers-on-agriculture-in-the-trans-pacific-partnership The Trans-Pacific Partnership (TPP) has the potential to become the biggest
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farmers, consumers, and legislators should ask questions, and demand answers.
This collapses Asian food security
GRAIN Briefing, 2001 (March, Intellectual Property Rights: Ultimate Control of Agricultural R%26D in Asia, http://www.grain.org/briefings/?id=35-http://www.grain.org/briefings/?id=35) Patent proponents keep banging on about the importance of IPR for access and innovation.
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simply a means for controlling the market and extracting more profit from it.
On the other hand, IPRs are entirely inadequate as an incentive for research into
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with TRIPS – with severe implications for the region’s long term food security.
Asian governments urgently need to wake up to the inherent threats of IPR over genetic resources, take a look at other options which would better serve the interests of their people, and start implementing a truly pro-people agricultural R%26D agenda. The impact collapses civilization
Brown-Worldwatch-’9
Lester R, founder of the Worldwatch Institute and the Earth Policy Institute "Can Food Shortages Bring Down Civilization?" Scientific American, May
The biggest threat to global stability is the potential for food crises in poor countries
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states disintegrate, their fall will threaten the stability of global civilization itself.
And, IPR development causes massive pesticide use, monocultures, and destroys biodiversity
Tarasofksy and House, Chatham House Analysts, 2005 (June, Report on Trade, Environment and Intellectual Property Rights, http://www.riia.org/pdf/research/sdp/R-IPRs.pdf-http://www.riia.org/pdf/research/sdp/R-IPRs.pdf)
There are several strands to the argument that the TRIPS Agreement and other IPRs impact
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both breeders and farmers in this context has yet to be empirically measured.
Causes extinction
Fowler and Mooney, Rural Advancement Fund International, 1990, (Shattering: Food, Politics, and the Loss of Genetic Diversity p. ix) While many may ponder the consequences of global warming, perhaps the biggest single environmental
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narrow our options for the future and render our own survival more precarious. —-Providing transparency for the TPP is a prerequisite to a functioning political—- Prevents backdoor negotiations that uniquely enable technocratic energy policy.
Chin 2012
Allison, President of the Sierra Club, The Trans-Pacific Partnership Trade Pact: an affront to democracy, Sierra Club Yodeler, http://theyodeler.org/?p=5819
Members of the public who register with the U.S. Trade Representative are
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public and the environment – even if it’s inconvenient for some large corporations. Plan: The Federal judiciary should substantially reduce restrictions on wind production by holding that economic security should be excluded from the definition of national security in Exon Florio. —- The rejection of the state in favor of community based decision-making is a disaster for minorities. The federal government is obviously not perfect, but centralized protections against the micro-aggressions of whites is a vitally important in any effort to combat racism.
Delgado-prof law UC Davis-87
22 Harv. C.R.-C.L. L. Rev. 301 (1987)
Ethereal Scholar: Does Critical Legal Studies Have What Minorities Want, The;
http://heinonline.org/HOL/Page?handle=hein.journals/hcrcl22%26div=20%26g_sent=1%26collection=journals
The CLS critique of legal rules and reasoning is well known. Rules, since
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such reflection is accompanied by formal barriers against racism, it is meaningless.
—-The State is good and we control uniqueness —- Racist fantasies are an inevitable function of enjoyment —- Even if the state is racist, it’s the only institution that can mediate the violent fantasies of civil society that are worse.
Myers 2003
Tony, former lecturer at the University of Stirling. He is the author of Upgrade Your English Essay (Arnold, 2002) and numerous articles on postmodernism, psychoanalysis and politicsSlavoj Zizek, pg 107-108
Of course, as fantasies cannot ultimately coexist peacefully, particularly when they are ethnic
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is a fantasy figure, someone who embodies the void of the Other. |
| 03/31/2013 | Tournament: | Round: | Opponent: | Judge:
The Ralls wind restriction makes Chinese energy investment uncertainty inevitable. Removing national security restrictions is critical to increasing Chinese energy investment in the US.
Hart American Progress Policy Analyst 13 (Melanie Hart, Policy Analyst for Chinese Energy and Climate Policy at American Progress. She focuses on China’s science and technology development policies for energy innovation as well as its domestic energy efficiency program, environmental regulatory regime, and domestic and international responses to global climate change. Before joining American Progress, Melanie was a project consultant for the Aspen Institute. She also worked on Qualcomm’s Asia Pacific business development team, where she provided technology market and regulatory analysis to guide Qualcomm operations in Greater China, "Increasing Opportunities for Chinese Direct Investment in U.S. Clean Energy," Feb 11, http://www.americanprogress.org/issues/china/report/2013/02/11/52576/increasing-opportunities-for-chinese-direct-investment-in-u-s-clean-energy/)
In President Barack Obama’s first term, economic issues were often a source of friction
AND
blocked for national security reasons.¶ National security reviews add another layer of uncertainty
Chinese enterprises report that one of their biggest concerns with direct investments in the United
AND
from launching projects that would be a win-win for both nations. Increasing US-China energy cooperative investment is key to future grid investment.
Hart same quals 13 (Melanie Hart, Policy Analyst for Chinese Energy and Climate Policy at American Progress. She focuses on China’s science and technology development policies for energy innovation as well as its domestic energy efficiency program, environmental regulatory regime, and domestic and international responses to global climate change. Before joining American Progress, Melanie was a project consultant for the Aspen Institute. She also worked on Qualcomm’s Asia Pacific business development team, where she provided technology market and regulatory analysis to guide Qualcomm operations in Greater China, "Increasing Opportunities for Chinese Direct Investment in U.S. Clean Energy," Feb 11, http://www.americanprogress.org/issues/china/report/2013/02/11/52576/increasing-opportunities-for-chinese-direct-investment-in-u-s-clean-energy/)
Why encouraging inward Chinese direct investment in clean energy makes sense for the United States
AND
critical prerequisites for building and promoting Chinese name-brand goods and services. Increasing grid investment is critical to avoid massive nuclear meltdowns that risk extinction- outweighs the risk of nuclear war
Goldes, founder Aesop Institute, 11 (Mark Goldes, Former Research Fellow at Brandeis University, is Founder of the Aesop Institute, served as a consultant on economic development to Senator Robert F. Kennedy’s New York office. He later became Chief of Housing and Economic Development for Oakland, California, Formerly Senior Director of the Berlin Corridor control radar in Germanyfor US Air Force, "SOLAR MEGASTORMS can GENERATE a GLOBAL NUCLEAR NIGHTMARE" http://www.opednews.com/articles/SOLAR-MEGASTORMS-can-GENER-by-Mark-Goldes-111119-448.html-http://www.opednews.com/articles/SOLAR-MEGASTORMS-can-GENER-by-Mark-Goldes-111119-448.html)
We are unprepared and are playing Russian roulette with the sun. The NOAA sees
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specific year. This entire 11 year sunspot cycle should be of concern. More investment is key to grid resiliency- all of their impact defense assumes we can fund grid improvements.
Carson Editor Intelligent Utility Daily 13 (Phil, Editor-in-chief of Intelligent Utility Daily at Energy Central, "Politics, power and grid investments," Jan 9, http://www.intelligentutility.com/article/13/01/politics-power-and-grid-investments)
I’ve been raving about infrastructure investment and the need for public/private partnerships,
AND
the needed investments to modernize it are the keys to our American future. More private investment will be critical for grid modernization- public stimulus spending wont cut it
Kovacs Chamber of Commerce 10 (William L. Kovacs, senior vice president of the U.S. Chamber of Commerce’s Environment, Technology, and Regulatory Affairs Division., Jan 21, "Smartgrid Modernization Requires Regulatory Reform," http://news.heartland.org/newspaper-article/2010/01/21/smartgrid-modernization-requires-regulatory-reform)
The fledgling smartgrid for electricity got some feathers on its wings in October 2009 with
AND
regulatory structure, business and industry stand ready to make the needed investments. |
| 03/31/2013 | Tournament: | Round: | Opponent: | Judge:
The Ralls wind restriction makes Chinese energy investment uncertainty inevitable. Removing national security restrictions is critical to increasing Chinese energy investment in the US.
Hart American Progress Policy Analyst 13 (Melanie Hart, Policy Analyst for Chinese Energy and Climate Policy at American Progress. She focuses on China’s science and technology development policies for energy innovation as well as its domestic energy efficiency program, environmental regulatory regime, and domestic and international responses to global climate change. Before joining American Progress, Melanie was a project consultant for the Aspen Institute. She also worked on Qualcomm’s Asia Pacific business development team, where she provided technology market and regulatory analysis to guide Qualcomm operations in Greater China, "Increasing Opportunities for Chinese Direct Investment in U.S. Clean Energy," Feb 11, http://www.americanprogress.org/issues/china/report/2013/02/11/52576/increasing-opportunities-for-chinese-direct-investment-in-u-s-clean-energy/)
In President Barack Obama’s first term, economic issues were often a source of friction
AND
blocked for national security reasons.¶ National security reviews add another layer of uncertainty
Chinese enterprises report that one of their biggest concerns with direct investments in the United
AND
from launching projects that would be a win-win for both nations. Increasing US-China energy cooperative investment is key to future grid investment.
Hart same quals 13 (Melanie Hart, Policy Analyst for Chinese Energy and Climate Policy at American Progress. She focuses on China’s science and technology development policies for energy innovation as well as its domestic energy efficiency program, environmental regulatory regime, and domestic and international responses to global climate change. Before joining American Progress, Melanie was a project consultant for the Aspen Institute. She also worked on Qualcomm’s Asia Pacific business development team, where she provided technology market and regulatory analysis to guide Qualcomm operations in Greater China, "Increasing Opportunities for Chinese Direct Investment in U.S. Clean Energy," Feb 11, http://www.americanprogress.org/issues/china/report/2013/02/11/52576/increasing-opportunities-for-chinese-direct-investment-in-u-s-clean-energy/)
Why encouraging inward Chinese direct investment in clean energy makes sense for the United States
AND
critical prerequisites for building and promoting Chinese name-brand goods and services. Increasing grid investment is critical to avoid massive nuclear meltdowns that risk extinction- outweighs the risk of nuclear war
Goldes, founder Aesop Institute, 11 (Mark Goldes, Former Research Fellow at Brandeis University, is Founder of the Aesop Institute, served as a consultant on economic development to Senator Robert F. Kennedy’s New York office. He later became Chief of Housing and Economic Development for Oakland, California, Formerly Senior Director of the Berlin Corridor control radar in Germanyfor US Air Force, "SOLAR MEGASTORMS can GENERATE a GLOBAL NUCLEAR NIGHTMARE" http://www.opednews.com/articles/SOLAR-MEGASTORMS-can-GENER-by-Mark-Goldes-111119-448.html-http://www.opednews.com/articles/SOLAR-MEGASTORMS-can-GENER-by-Mark-Goldes-111119-448.html)
We are unprepared and are playing Russian roulette with the sun. The NOAA sees
AND
specific year. This entire 11 year sunspot cycle should be of concern. More investment is key to grid resiliency- all of their impact defense assumes we can fund grid improvements.
Carson Editor Intelligent Utility Daily 13 (Phil, Editor-in-chief of Intelligent Utility Daily at Energy Central, "Politics, power and grid investments," Jan 9, http://www.intelligentutility.com/article/13/01/politics-power-and-grid-investments)
I’ve been raving about infrastructure investment and the need for public/private partnerships,
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the needed investments to modernize it are the keys to our American future. More private investment will be critical for grid modernization- public stimulus spending wont cut it
Kovacs Chamber of Commerce 10 (William L. Kovacs, senior vice president of the U.S. Chamber of Commerce’s Environment, Technology, and Regulatory Affairs Division., Jan 21, "Smartgrid Modernization Requires Regulatory Reform," http://news.heartland.org/newspaper-article/2010/01/21/smartgrid-modernization-requires-regulatory-reform)
The fledgling smartgrid for electricity got some feathers on its wings in October 2009 with
AND
regulatory structure, business and industry stand ready to make the needed investments. |
| 03/31/2013 | Tournament: | Round: | Opponent: | Judge:
advantage two is investment:
And, this ruling against Ralls will send a massive signal against ALL foreign investment, rippling through the entire economy—CFIUS and the President would have the authority to essentially block any investment without having to prove its national security effects.
Abassi, chief counsel-Cause of Action, 12 (Amber, Chief Counsel for Regulatory Affairs-Cause of Action, BRIEF OF OREGON WINDFARMS, LLC,KENT MADISON, WILLIAM J. DOHERTY, AND IVAR CHRISTENSENAS AMICI CURIAE IN SUPPORT OF PLAINTIFF, Nov 12, http://www.scribd.com/doc/113087608/Ralls-v-CFIUS-Brief-in-Support-of-Motion-to-Participate-as-Amici-Curiae)
B. The absence of judicial review of Executive Branch actions under 50 U.
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carry out contracts, has been indirectly impaired by CFIUS or the President. And, Foreign investment is critical to the US economy:
First- capital flight- investment chilling causes China to put their investments in other countries, which dooms the US economy.
Cekerevac Senior Editor Lombardi Financial 12 (Sasha, Sasha Cekerevac, Senior Editor at Lombardi Financial; He worked for CIBC World Markets for several years before moving to a top hedge fund, with assets under management of over %241.0 billion, "China Moves Funds Out of the U.S. Markets," May 29, 2012
Recently, news broke that the Chinese Investment Corporation has announced that it will be
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for the long-term growth of the U.S. economy.
Second- Jobs- foreign investment causes insourcing, creating millions of jobs in the US- loss of subsidiaries threatens economic recovery
McLernon COE for Organization for International investment 11 (Nancy McLernon, President and CEO of the Organization for International Investment, Here’s Why the U.S. is the Best Host of Foreign Investment, March 2, http://wallstcheatsheet.com/trading-markets/heres-why-the-u-s-is-the-best-host-of-foreign-investment.html/)
U.S. Subsidaries play an important role in the U.S.
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we let them know the U.S. is open for business.
Economic decline increases the propensity for conventional and nuclear conflict
Harris PHD European History 9 and Burrows 09 PhD European History @ Cambridge, counselor in the National Intelligence Council (NIC) %26 member of the NIC’s Long Range Analysis Unit
Mathew, and Jennifer "Revisiting the Future: Geopolitical Effects of the Financial Crisis" http://www.ciaonet.org/journals/twq/v32i2/f_0016178_13952.pdf-http://www.ciaonet.org/journals/twq/v32i2/f_0016178_13952.pdf
Of course, the report encompasses more than economics and indeed believes the future is
AND
within and between states in a more dog-eat-dog world.
And, studies conclude that diversionary war theory is true.
Royal Director at DOD 2010
Jedediah, Director of Cooperative Threat Reduction at the U.S. Department of Defense, "Economic Integration, Economic Signaling and the Problem of Economic Crises," in Economics of War and Peace: Economic, Legal and Political Perspectives, ed. Goldsmith and Brauer, pg. 213-215
Less intuitive is how periods of economic decline may increase the likelihood of extern conflict
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not featured prominently in the economic-security debate and deserves more attention. |
| 03/31/2013 | Tournament: | Round: | Opponent: | Judge:
In the status quo, the District Court is unlikely to grant judicial review of CFIUS decisions in the Ralls case.
Biehn, Chair-White/Williams China Business Group, 12 (Gary, Partner at White%26Williams LLP and Chair, China Business Group and International Group, What Foreign Investors Can Learn from President Obama’s Prohibition of Ralls Corporation’s Acquisition, Dec 19, http://www.whiteandwilliams.com/resources-alerts-What-Foreign-Investors-can-Learn-from-President-Obamas-Prohibition-of-Ralls-Corporations-Acquisition.html)
THE UNCERTAIN JUDICIAL REVIEW OF CFIUS’ DECISIONS In general, parties who are not satisfied
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remains unclear what role the judicial review will play in future CFIUS decisions. CFIUS is a key test case for the scope of judicial review of the Treasury’s Department’s actions—an unlimited view of the Treasury’s national security duties risks more reckless and aggressive actions
Zaring, Legal Prof @ Penn, 10 (David, Assistant Professor-Legal Studies Department @ the Wharton School of Business, University of Pennsylvania, "Administration by Treasury," 95 Minn. L. Rev. 187 )
Treasury’s new focus on national security is not restricted to FinCEN and OFAC. As
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this area, the importance of this question will likely grow as well. Specifically, an unchecked Treasury will test the bounds of their national security powers—causes them to over-enforce terrorist financing laws
Zaring 10 (David, Assistant Professor-Legal Studies Department @ the Wharton School of Business, "Administration by Treasury," 95 Minn. L. Rev. 187 )
Finally, Treasury is increasingly playing a national security role, which three of its
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to the cautious embrace of Treasury’s approach to administrative procedure is taken here. 2 internal links:
First—international terrorist financing cooperation—the Treasury’s current approach undermines international cooperation on terrorist financing by tarnishing our reputation with critical allies.
Turner 09 (Jennifer, Human Rights Researcher for the ACLU’s Human Rights Program, for the
American Civil Liberties Union, Blocking Faith, Freezing Charity: Chilling Muslim Charitable Giving in the "War on Terrorism Financing", June, http://www.aclu.org/files/pdfs/humanrights/blockingfaith.pdf)
Reports suggest that there are high diplomatic costs for federal government actions against U.
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gaining ground overseas partially because of the blockage of the Muslim charities."551 And, Effective terror financing controls are key to prevent attacks.
Kiser 05 (Steve, Financing Terror An Analysis and Simulation for Affecting Al Qaeda’s Financial Infrastructure, http://www.rand.org/content/dam/rand/pubs/rgs_dissertations/2005/RAND_RGSD185.pdf)
Money is Perceived as Important to Terrorist Organizations Many policymakers and analysts believe quite strongly
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to raise and move money around the world, terrorists cannot function."12 Second, Muslim American law enforcement cooperation- Treasury crackdown on Muslim charities is the primary reason that Muslim communities won’t cooperate with the FBI- this cooperation is critical to counter-terrorism efforts.
Turner 09 (Jennifer, Human Rights Researcher for the ACLU’s Human Rights Program, for the
American Civil Liberties Union, Blocking Faith, Freezing Charity: Chilling Muslim Charitable Giving in the "War on Terrorism Financing", June, http://www.aclu.org/files/pdfs/humanrights/blockingfaith.pdf)
The ACLU’s research showed that the federal government’s actions towards Muslim charities and donors have
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. If they do, I guarantee you it will be productive."538 And, this cooperation is key to beat terrorism- military power alone will fail.
Ramirez et al, 2k4 (Deborah, professor at Northwestern University School of Law. Sasha Cohen O’Connell, Northeastern University. Rabia Zafer, Northeastern University. "Developing Partnerships Between Law Enforcement and American Muslim, Arab, and Sikh Communities: A Promising Practices Guide" http://www.ace.neu.edu/pfp/downloads/Guide_Final5.4.04.pdf)
After September 11th, it became increasingly clear that community input and assistance is even
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including the perspectives of communities who have a unique understanding of international concerns. And, the plan solves by setting a precedent of judicial review of CFIUS and the Treasury.
Bracken 12 (Len, Suit Filed Against CFIUS Order Seen As Trial Balloon in National Security Law, Oct 25, http://www.bartsfisher.com/pdf/040.pdf)
The civil complaint recently filed by the Chinese-owned Ralls Corp. against the
AND
the case is being closely watched for a potential precedent-setting effect.
And, the impacts—-
Al-Qaeda is still alive and well- planning attacks on the US.
Byman, Brookings Fellow, 13 (Daniel, professor in the Security Studies Program of Georgetown University’s School of Foreign Service and the research director of the Saban Center for Middle East Policy at the Brookings Institution, "Al Qaeda Is Alive in Africa," Jan 17, http://www.foreignpolicy.com/articles/2013/01/17/al_qaeda_is_alive_in_africa)
It has been over a year and a half since Osama bin Laden was killed
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region, twice launching sophisticated attacks on U.S. civil aviation. And, the risk of nuclear and biological terrorism is high
Allison, IR Director @ Harvard, 12 (Graham, Director, Belfer Center for Science and International Affairs; Douglas Dillon Professor of Government, Harvard Kennedy School, "Living in the Era of Megaterror", Sept 7, http://belfercenter.ksg.harvard.edu/publication/22302/living_in_the_era_of_megaterror.html)
Forty years ago this week at the Munich Olympics of 1972, Palestinian terrorists conducted
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the eye can see, we will live in an era of megaterror. Bioterror attacks risk extinction
Steinbruner ’97
(Senior Fellow @ the Brookings Institution, ’97 (John, Foreign Policy, 12/22, Lexis)
More than 70 years later, revulsion persists and the Geneva Protocol has been strengthened
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for a global contagion of this sort but not necessarily its outer limit. Nuclear terrorist attack causes miscalculation, risks extinction
Robert Ayson, Professor of Strategic Studies and Director of the Centre for Strategic Studies: New Zealand at the Victoria University of Wellington, 2010 ("After a Terrorist Nuclear Attack: Envisaging Catalytic Effects," Studies in Conflict %26 Terrorism, Volume 33, Issue 7, July, Available Online to Subscribing Institutions via InformaWorld)
Washington’s early response to a terrorist nuclear attack on its own soil might also raise
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for the terrorists. This might not help the chances of nuclear restraint. Consensus goes aff—-terrorism risk is high enough, timeframe is 5 years
Cole 12 (Dr. Leonard A. Cole teaches at Rutgers University and the University of Medicine and Dentistry of New Jersey. He has written extensively on bioterrorism issues and on terror medicine. "Bioterrorism: Still a Threat to the United States" http://www.ctc.usma.edu/posts/bioterrorism-still-a-threat-to-the-united-states)
Contention ~%235: The threat of bioterrorism has been exaggerated and does not warrant
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hyperbolic, but they contain enough substance to warrant thoughtful programs for preparedness. And, even a failed attack would crash the global economy, cause retaliation, and won’t deter terrorists from trying—this answers all their defense
Allison, IR Director at Harvard, 07 (Graham, Director of the Belfer Center for Science and International Affairs, Harvard Kennedy School, How Likely is a Nuclear Terrorist Attack on the United States?, April 18, http://www.cfr.org/weapons-of-mass-destruction/likely-nuclear-terrorist-attack-united-states/p13097)
Let’s run a little with Michael Levi’s numbers. Imagine that he is correct,
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total dud, the repercussions of such materials in jihadist clutches are unacceptable.
And, the plan solves by setting a precedent of judicial review of CFIUS and the Treasury.
Bracken 12 (Len, Suit Filed Against CFIUS Order Seen As Trial Balloon in National Security Law, Oct 25, http://www.bartsfisher.com/pdf/040.pdf)
The civil complaint recently filed by the Chinese-owned Ralls Corp. against the
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the case is being closely watched for a potential precedent-setting effect. If time—Yes acquisition, North Korea will sell terrorists a nuclear weapon.
Allison 13 (Graham, Director, Belfer Center for Science and International Affairs; Douglas Dillon Professor of Government, Harvard Kennedy School, "North Korea’s Lesson: Nukes for Sale", NYT, Feb 12, http://belfercenter.ksg.harvard.edu/publication/22753/north_koreas_lesson.html)
THE most dangerous message North Korea sent Tuesday with its third nuclear weapon test is
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Korea will be held accountable for every nuclear weapon of North Korean origin. |
| 03/31/2013 | Tournament: | Round: | Opponent: | Judge:
Plan: The federal judiciary should substantially reduce restrictions on wind production on the grounds that economic security should be excluded from the definition of national security in Exon Florio. |
