Tournament:  | Round:  | Opponent:  | Judge: 

1nc

ptx

Immigration reform package moving smoothly through congress now – Obama pressure and engagement is key to maintain momentum and prevent the GOP from smothering the bill

 I-Hsien Sherwood (writer for the Latino Post) March 21, 2013 "Immigration Reform 2013 News: Delays Could Hinder Reform Bill, So Speed is Necessary" http://www.latinospost.com/articles/14995/20130321/immigration-reform-2013-news-delays-hinder-bill-speed-necessary.htm
Lately, proponents of immigration reform have been optimistic about the progress of bipartisan bills
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.¶ Whether Congress can maintain momentum on the issue remains to be seen.

Plan costs political capital – Congress will use it as an excuse to reject the president’s agenda

Gong, 3/18/13 - associate professor at the Beijing-based University of International Business and Economics.(John, South China Morning Post, "Nexen deal shows how Chinese firms can do business in US"
http://www.scmp.com/comment/insight-opinion/article/1192986/nexen-deal-shows-how-chinese-firms-can-do-business-us-http://www.scmp.com/comment/insight-opinion/article/1192986/nexen-deal-shows-how-chinese-firms-can-do-business-us)
However, in a democracy such as the United States, one could expect voices
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anti-China rhetoric in an effort to derail a Chinese company’s offer.
Another objection may be concern about losing businesses or jobs to China. Shenzhen-based BGI’s US%24117.6 million acquisition of Complete Genomics, a DNA sequencing company, is a case in point.
According to an article in The New York Times, Illumina, a San Diego-based maker of genomics sequencing machines, hired lobbyists and led the choir to stir up opposition in Congress to the offer. Illumina, the report said, potentially had the most to lose from the acquisition because BGI might buy fewer of its products and even become a competitor. Nevertheless, CFIUS allowed the deal to go through.
Another obstacle to overseas acquisitions may be pork-barrel politics, with politicians using the Chinese application as a bargaining chip against another local project awaiting presidential approval. However, according to O’Melveny %26 Myers, the law firm that provided legal counsel for the successful Complete Genomics acquisition, only two out of six major deals involving China since 2000 have been rejected by CFIUS.

====Top priority—PC stewardship key====
Shifter 12/27 Michael is the President of Inter-American Dialogue. "Will Obama Kick the Can Down the Road?" 2012, http://www.thedialogue.org/page.cfm?pageID=32%26pubID=3186

Not surprisingly, Obama has been explicit that reforming the US’s shameful and broken immigration
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some arms, even in his own party. Resistance will not disappear. 

====Obama’s reform is key to all aspect of heg—-~competitiveness, hard and soft power~====
Nye 12 Joseph S. Nye, a former US assistant secretary of defense and chairman of the US National Intelligence Council, is University Professor at Harvard University. "Immigration and American Power," December 10, Project Syndicate, http://www.project-syndicate.org/commentary/obama-needs-immigration-reform-to-maintain-america-s-strength-by-joseph-s—nye

CAMBRIDGE – The United States is a nation of immigrants. Except for a small
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long way toward fulfilling his promise to maintain the strength of the US.

Global war

Zhang and Shi, 2011 – *Yuhan Zhang is a researcher at the Carnegie Endowment for International Peace, Washington, D.C.; Lin Shi is from Columbia University. She also serves as an independent consultant for the Eurasia Group and a consultant for the World Bank in Washington, D.C. (America’s decline: A harbinger of conflict and rivalry, http://www.eastasiaforum.org/2011/01/22/americas-decline-a-harbinger-of-conflict-and-rivalry/) 

This does not necessarily mean that the US is in systemic decline, but it
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forecast in a future that will inevitably be devoid of unrivalled US primacy.

t

The aff decreases regulations but not restrictions—restrictions are direct prohibitions on production

Sinha 6
Supreme Court of India Union Of India %26 Ors vs M/S. Asian
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No. 17558 of 2006~  S.B. SINHA, J :  
http://www.indiankanoon.org/doc/437310/

We may, however, notice that this Court in State of U.P. and Others v. M/s. Hindustan Aluminium Corpn. and others ~AIR 1979 SC 1459~ stated the law thus:
"It appears that a distinction between regulation and restriction or prohibition has always been
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the word prohibiting or some such word, to bring out that effect." 

Regulations concern how you control an activity—outright prohibitions are distinct

Randy Barnett (writer for the Free Republic) June 2005 "The power to regulate v. the power to prohibit" http://www.freerepublic.com/focus/f-news/1419654/posts
The power to regulate does not generally include the power to prohibit. 

Samuel Johnson defines "to regulate" as "To adjust by rule or method
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sense, in some context other than the Constitution of the new government. 

Restrictive effects don’t meet—technical distinctions matter

Annamaria Viterbo 12 , Assistant Professor in International Law at the University of Torino, PhD in International Economic Law from Bocconi University and Jean Monnet Fellow at the European University Institute, 2012, International Economic Law and Monetary Measures: Limitations to States’ Sovereignty and Dispute, p. 166

In order to distinguish an exchange restriction from a trade measure, the Fund chose not to give relevance to the purposes or the effects of the measure and to adopt, instead, a technical criterion that focuses on the method followed to design said measure.
An interpretation that considered the economic effects and purposes of the measures (taking into
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balance of payments reasons would have fallen within the competence of the Fund.
After lengthy discussions, in 1960 the IMF Executive Board adopted Decision No. 1034-(60/27).46 This Decision clarified that the distinctive feature of a restriction on payments and transfers for current international transactions is "whether it involves a direct governmental limitation on the availability or use of exchange as such*.47 This is a limitation imposed directly on the use of currency in itself, for all purposes.

Voter for limits—expansive readings confound research predictability and undermine our ability to engage in meaningful energy debates

And, neg ground—questionable restrictions affs are terminally skewed because no counterplans and few DAs apply—that’s the core of our prep.

k

Energy production brings nature to serve, turning the world into a global gas station, eviscerating and erasing being. The ultimate result is nuclear annihilation and meaninglessness—comparatively outweighs
Callister 2007 (Paul, Associate Professor of Law and Director of the Leon E. Bloch Law Library, University of Missouri‑Kansas City School of Law. Law and Heidegger’s Question Concerning Technology:  Prolegomenon to Future Law Librarianship Law Library Journal ~Vol. 99:2)

 1 Following World War II, the German philosopher Martin Heidegger offered  one of
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the world, including humanity,  as resources subject to a singular will.
We do not endorse the gendered language in this card  

Belief in our ability to technologically manage the world is part of the problem. Complete control is never possible, but more often creates cycles of paralyzing anxiety and reactive desire to take action that only recreates the crisis
Peat, 08 – theoretical physicist, Ph.D., founder of the Pari Centre for New Learning (F. David, "Gentle Action: Surviving Chaos and Change", http://www.gentleaction.org/library/paper2.php)

Many rapid changes that are taking place around us. These include globalization, developments
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change and engage in those actions that are appropriate to each new situation. 

Hence, our alternative: do nothing.
Rejecting the call to action in the face of crisis opens space for solidarity to emerge through deep reflection on our relationship with the Earth.
McWhorter 92, Professor of Philosophy at Northeast Missouri State, 92  (LaDelle, Heidegger and the Earth, ed: McWhorter, p. vii-viii)

Heidegger frustrates us. At a time when the stakes are so very high and
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also ground the most basic patterns of our current ways of being human.

cp

The United States Supreme Court should rule that compliance orders from federal enforcement agencies regarding ~foreign investment restrictions on crude oil and natural gas production in the United States~ unconstitutional.

The Court has this authority

Eric Waeckerlin (Attorney at Davis Graham %26 Stubbs LLP Past Attorney at Kelley Drye %26 Warren LLP Law Clerk at The Honorable Sam. E Haddon, U.S. District Court for the District of Montana Energy Policy Analyst at Western Governors’ Association/Western Interstate Energy Board, J.D. University of Montana School of Law) March 21, 2012 "The Sackett Decision and Its Implications for Hydraulic Fracturing" http://www.frackinginsider.com/litigation/with-stunning-alacrity-the-united/
With stunning alacrity, the United States Supreme Court issued its opinion ~PDF~
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hydraulic fracturing in the absence of clear statutory authority) are potentially significant.

This solves and competes – it doesn’t ’reduce’ a legal restriction – it just makes it unenforceable

William Treanor (associate professor of law at Fordham University) and Gene Sperling (Deputy assistant to the president for economic policy University of Minnesota) 1993 "Prospective overruling and the revival of Unconstitutional statutes" JSTOR
Unlike the Supreme Court, several state courts have explicitly addressed the revival issue.
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a statute did not revive does not offer a convincing rationale for nonrevival. 

invest

Chinese investment increasing despite Ralls and CIFIUS

Barrett, 3/1/13 (Raymond, Financial Times, "Ralls CFIUS block alters Sany’s future investment strategy in US" http://www.ft.com/cms/s/2/1ff1eb98-82b8-11e2-a3e3-00144feabdc0.html~~%23axzz2OvgILBlj

Chinese investors appear to have altered the way they will structure future investments in the US as a result of a White House decision to block the purchase of an Oregon wind farm by executives of Sany Group on national security grounds.
In an exclusive interview with PaRR, Wu Jialiang, chief executive officer of Ralls Corp and deputy general manager of Sany Group, said the company is continuing to make investments in the US despite contesting the decision of the inter-agency Committee on Foreign Investment in the United States (CFIUS) forcing it to unwind the Oregon deal.
In particular, Wu said the Chinese industrial machinery manufacturer made a new wind farm investment of USD 80m in Colorado, which would use wind turbines manufactured by Sany.
Wu said the Colorado transaction was structured differently than the Oregon deal—the investment was held directly by US citizens, not Chinese.
"Legally speaking ~CFIUS~ has no business looking into US citizens’ investments," Wu said. "But we notified CFIUS to be on the safe side."
Wu added that Sany had notified CFIUS about the Colorado investment and that the committee had no objections to the transaction.
"The case has progressed smoothly," he said.
This represents a change of strategy, since Sany did not file with CFIUS prior to closing the Oregon transaction.
Informal consultations
As the entire CFIUS process is confidential, divining the exact concerns of the various government agencies involved – Treasury, Defense, Homeland Security and others – is not a simple task.
However, a source familiar with the situation told PaRR that as a result of the ownership changes Sany used in its new investment, CFIUS decided the planned Colorado deal was not a "covered transaction"— one that results in control of a US business being ceded to foreign person.
"The concept of control under CFIUS is not a bright-line," said Gregory Jacobs, a partner at Reed Smith who deals with CFIUS matters. "If the PRC entity has the ability to control the purchasers, then the deal falls under CFIUS’s jurisdiction."
Traditionally, one way for foreign companies to avoid CFIUS jurisdiction is to invest through companies held by US citizens.
In such cases, executives from the acquirer would not take a seat on the board of the target company or have a say in corporate decisionmaking, Jacobs said, but added that many companies are not willing to sacrifice that level of control.
Therefore, foreign companies attempting to avoid possible CFIUS concerns could imitate Ralls and put greater distance between themselves and any assets being acquired.
The source familiar also said that for the Colorado deal, Sany engaged in "informal consultations" with CFIUS rather than making a formal filing.

Current Chinese investments speeds up its expertise acquisition  – solves the case

Brennan, 3/1/13 - Editor and Project Coordinator of research in resource security at the Institute for Security and Development Policy (ISDP), Stockholm, Sweden (Elliot, Asia Times, "Shale gas key to US Asia pivot" http://www.atimes.com/atimes/China_Business/CBIZ-01-010313.html-http://www.atimes.com/atimes/China_Business/CBIZ-01-010313.html)

In the US, improvements in extraction techniques of shale gas and other "unconventional
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Energy too with a joint venture in a shale gas play in Mississippi.
Such a move helps speed up China’s acquisition of expertise. Devon Energy hasn’t been the only company China has picked up a stake in. Chinese National Oil Companies (NOCs) have invested in foreign companies and their knowledge, particularly in the US and Canada. A 2011 IAE report highlights partnerships that took place in 2010 between Chinese NOCs and Canadian companies with specific shale gas expertise.
China National Petroleum Company/PetroChina purchased a 60% stake of an oil sand project in Alberta, and also formed a joint venture with Canadian Encana to develop shale gas plays in British Columbia. Meanwhile, more recent buy-ins by China National Offshore Oil Corporation (CNOOC) have included a Chesapeake subsidiary and the takeover of Canadian firm Nexen, which is currently exploiting shale gas in British Columbia and expanding operations to Poland.
The hunt for such expertise through joint ventures and partnerships is on the rise across
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, knowledge is power - the US has it and China wants it.
As well as this foreign absorption of expertise, Beijing is also pouring money into domestic research and development under the "National Key Technologies Research and Development Program" (1983) and other recent initiatives. But it can’t move quickly enough. R%26D, just like technological know-how, takes time.
The geopolitical changes such a shale revolution could bring may also shift the epicenter of
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Asia where production depends primarily on more expensive, often imported, oil.
According to a Price Waterhouse Coopers (PWC) report, shale gas could lead to a manufacturing boom as raw material and energy prices drop. This coupled with technological revolutions that decrease labor costs, could see a dramatic shift of some manufacturing away from Asia, and China, and back to the US.
Foreign company expertise, particularly that of US companies, may provide significant improvements to
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could provide the energy that China’s growing middle class is so hungry for. 

US-Sino energy cooperation is high now

Brennan, 3/1/13 - Editor and Project Coordinator of research in resource security at the Institute for Security and Development Policy (ISDP), Stockholm, Sweden (Elliot, Asia Times, "Shale gas key to US Asia pivot" http://www.atimes.com/atimes/China_Business/CBIZ-01-010313.html-http://www.atimes.com/atimes/China_Business/CBIZ-01-010313.html)

But this is a two way street. For the US the shale gas boom
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, such as the US-China Shale Gas Resource Initiative, 2010.
"Chimerica," as Niall Ferguson termed the growing interdependency of the US-China
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ace-up-the-sleeve in the US pivot to Asia. 

Chinese FDI in the US is at record highs

Steinbock, 13 - Dr. Dan Steinbock focuses on issues of international business and international relations, especially the post-crisis debt problems in the leading advanced economies (G-7) and the growth pains of the large emerging economies (BRICs and beyond). He is Research Director of International Business at the India, China and America Institute (USA) and Visiting Fellow at Shanghai Institutes for International Studies (China) where he concentrates on the G-20 economies.(Dan, "Foreign Investment Relocates in China and Asia" EconoMonitor, 2/27, http://www.economonitor.com/blog/2013/02/foreign-investment-relocates-in-china-and-asia/-http://www.economonitor.com/blog/2013/02/foreign-investment-relocates-in-china-and-asia/

As foreign investment is refocusing within China, Chinese foreign investment is refocusing worldwide, shifting from emerging Asia into the developed markets, including the United States and the Eurozone. In 2012, China’s FDI into the United States enjoyed a record year. Chinese firms completed U.S. deals worth %246.5 billion, a 12 percent increase from the previous record of %245.8 billion in 2010.
In the past, Chinese multinationals invested in resource industries mainly in developing economies.
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of sudden disruption, the growth story is likely to continue in 2013.
In the U.S. and the Eurozone, the accelerating Chinese FDI reflects a shift from the past one-way investment relationship to a genuine, two-way partnership. In turn, this long-anticipated structural story is driven by new FDI growth service engines in Chinese coastal megacities and FDI manufacturing operations in Chinese inland and west, as well as across Southeast Asia.

Can’t solve – China has its own restrictions that are worse than CFIUS

Horby, 13 (Lucy, "China’s Commerce minister seeks clearer U.S. investment guide" Reuters, http://www.reuters.com/article/2013/03/09/china-parliament-trade-idUSL4N0C02Y520130309-http://www.reuters.com/article/2013/03/09/china-parliament-trade-idUSL4N0C02Y520130309)

A U.S. Treasury Department spokeswoman in Washington defended the CFIUS system, which she called "transparent" and "true to the United States’ open investment commitment."
"The statute, executive order, regulations and guidance setting forth the CFIUS process are fully and publicly disclosed and available on the Treasury Department’s website," she said.
U.S. companies, for their part, complain China heavily restricts foreign investment in about 100 different sectors.
"In the May 2012 strategic and economic dialogue, China committed to open further to foreign investment and to focus its security reviews solely on national security concerns. We will continue to engage China on implementation of its commitments," the Treasury Department spokeswoman said.
BARRIERS TO INVESTMENT
U.S. Treasury officials have sought to include information on CFIUS in regular meetings with Chinese officials, in the hopes that China will adopt some CFIUS features for its new national security review, particularly setting deadlines to respond to investment review requests.
International trading house Glencore has been waiting for months for a ruling from MofCom, which regulates anti-trust issues, for its planned takeover of zinc miner Xstrata.
China has blocked almost all attempts by foreigners to buy steel mills as well as a number of other high-profile deals, for instance an attempt by Coca-Cola Enterprises to purchase private juice maker Huiyuan.

Relations are stable and resilient

Associated Press, 3/16/13 ("New Chinese premier rejects US hacking claims, says committed to strong ties with Washington" Washington Post, http://www.washingtonpost.com/world/asia_pacific/new-china-premier-committed-to-strong-ties-with-us-says-trade-investment-opportunities-good/2013/03/16/ad52cf04-8eb4-11e2-adca-74ab31da3399_story.html)

China’s new leaders "attach great importance" to relations that meet the "fundamental interests of people in both countries and serves the global trend of peace and development," Li told reporters at the traditional premier’s news conference that follows the close of the annual legislative session.
China-U.S. ties have weathered a series of crises over the past year over dissidents, Chinese trade practices, opposition to Chinese investment in the U.S. and — most recently — hacking accusations. While basically stable, political ties are seen as lagging behind the economic relationship, with two-way trade hitting almost %24500 billion last year, and China’s new president, Xi Jinping, isn’t expected to meet President Barack Obama until an economic summit in Russia in September.
Following Xi’s elevation, Li was appointed premier last week, with running China’s economy his main responsibility.

CFIUS reviews encourage Chinese oil companies to prudently negotiate the American political climate to avoid backlash

WSJ 12 —- China Foothold in U.S. Energy, 3-6-12, http://webcache.googleusercontent.com/search?q=cache:qnxJVCUg4KgJ:online.wsj.com/article/SB10001424052970204883304577223083067806776.html+%26cd=2%26hl=en%26ct=clnk%26gl=us%26client=firefox-a
China’s new approach to investing in U.S. energy companies suggests it has
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nonoperating interest in an asset and not take the oil and gas home."

Failure to effectively negotiate the political climate means Congress and the public will backlash regardless of CFIUS —- scuttles deals —- empirically proven

MATTHEW R. BYRNE 6, J.D., The Ohio State University Moritz College of Law, expected 2007, Protecting National Security and Promoting Foreign Investment: Maintaining the Exon-Florio Balance, OHIO STATE LAW JOURNAL, 2006, http://moritzlaw.osu.edu/students/groups/oslj/files/2012/04/67.4.byrne_.pdf
CNOOC’s attempt to acquire Unocal occurred in the summer of 2005. After a much
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bills’ proposed changes to the statute are still mere possibilities, not certainties.

Only scenario for conflict
Barnett, senior managing director of Enterra Solutions LLC, contributing editor/online columnist for Esquire, 8/25/’9
(Thomas P.M, "The New Rules: Security Remains Stable Amid Financial Crisis," Aprodex, Asset Protection Index, http://www.aprodex.com/the-new-rules—security-remains-stable-amid-financial-crisis-398-bl.aspx-http://www.aprodex.com/the-new-rules~-~-security-remains-stable-amid-financial-crisis-398-bl.aspx)

When the global financial crisis struck roughly a year ago, the blogosphere was ablaze
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worldwide recession has had virtually no impact whatsoever on the international security landscape.
None of the more than three-dozen ongoing conflicts listed by GlobalSecurity.org
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almost two-decade long struggle between Georgia and its two breakaway regions.
Looking over the various databases, then, we see a most familiar picture: the usual mix of civil conflicts, insurgencies, and liberation-themed terrorist movements. Besides the recent Russia-Georgia dust-up, the only two potential state-on-state wars (North v. South Korea, Israel v. Iran) are both tied to one side acquiring a nuclear weapon capacity — a process wholly unrelated to global economic trends.
And with the United States effectively tied down by its two ongoing major interventions (
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example, hasn’t led us to anything beyond advising and training local forces.

ccp

China-Russian energy cooperation is solidifying now – solves China’s energy demand

Fitzsimmons, 3/28/13 – engineer and consultant (Michael, "Russia Could Become The Backbone Of China’s Energy Supplies" Seeking Alpha,
http://seekingalpha.com/article/1306421-russia-could-become-the-backbone-of-china-s-energy-supplies-http://seekingalpha.com/article/1306421-russia-could-become-the-backbone-of-china-s-energy-supplies
China and Russia recently signed a bevy of energy deals that will further tighten the
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"We can already say this is a historic visit with positive results."

CCP will peacefully dissolve—otherwise the impact is inevitable

Jianfeng, 12
(Li, Epoch Times writer, September, 14, "The Instability of China’s Authoritarian Regime," http://www.theepochtimes.com/n2/opinion/the-instability-of-chinas-authoritarian-regime-292354.html)

Some worry that if the CCP were to collapse it would lead to large-
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CCP from their hearts, a period without the CCP will peacefully arrive. 

russia

Russian growth stable
RT 3-15-13 http://rt.com/business/russia-might-enter-recession-in-2013-renaisance-capital-315/
Other forecasts do not match Renaissance predictions. The Russian Ministry of Economic Development suggests
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lowered the forecast twice: in October last year and in February 2013. 

Economic collapse won’t cause civil war
McFaul and Stoner-Weiss 08 - *Hoover Fellow, Professor of Political Science, and Director of the Center on Democracy, Development, and the Rule of Law at Stanford University AND Associate Director for Research and Senior Research Scholar at the Center on Democracy, Development, and the Rule of Law at Stanford University (Michael and Kathryn, "The Myth of the Authoritarian Model," Foreign Affairs, Jan/Feb, http://www.foreignaffairs.org/20080101faessay87105/michael-mcfaul-kathryn-stoner-weiss/the-myth-of-the-authoritarian-model.html)

In fact, although the 1990s was a period of instability, economic collapse, and revolutionary change in political and economic institutions, the state performed roughly as well as it does today, when the country has been relatively "stable" and its economy is growing rapidly. Even in good economic times, autocracy has done no better than democracy at promoting public safety, health, or a secure legal and property-owning environment.

1nr

Here’s ev from the topic paper predicting how regulations would make this year suck:

Nikolic et al 2012 – Policy Resolution Group at Bracewell %26 Giuliani, Dartmouth debate (Ana Nikolic, Dylan Quigley, Scott Segal, Josh Zive, Topic Proposal Paper for the 2012-2013 CEDA Topic Controversy Ballot, "Resolved: The College Debate Community Should Debate Energy")

My general recommendation would be to not include regulations in the topic.¶ Regulations are a term of art, and a very restrictive term. They are not real laws or statue, but¶ rather rules that individual agencies have made. Allowing this option in the resolution could¶ result in affirmatives using very specific agencies to overturn regulations without legislative¶ action with little disad links.

Including regulation cracks the curriculum—even full-time professionals can’t manage that research burden

Stafford 83
http://felj.org/elj/Energy%20Journals/Vol6_No2_1985_Book_Review2.pdf-http://felj.org/elj/Energy Journals/Vol6_No2_1985_Book_Review2.pdf
Associate, Ross, Marsh %26 Foster, Washington, D.C. The assistance of David L. Wallace, a third
year student at the Georgetown University Law Center, in the preparation of this review is greatly appreciated. 

FEDERAL REGULATION OF ENERGY by William F. Fox, Jr. Shepard’slMcGraw-Hill
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evaluating laws, regulations, and significant judicial decisions in a single work. 

It’s an impossible neg burden

Edwards 80
JUDGES: Before EDWARDS, LEAR and WATKINS, JJ.  OPINION BY: EDWARDS
 AYOU BOUILLON CORPORATION, ET AL. v. ATLANTIC RICHFIELD COMPANY
 No. 13229  Court of Appeal of Louisiana, First Circuit  385 So. 2d 834; 1980 La. App. LEXIS 3972; 67 Oil %26 Gas Rep. 240   May 5, 1980  PRIOR HISTORY:  ~1~  ON APPEAL FROM THE 18TH JUDICIAL DISTRICT COURT, PARISH OF IBERVILLE, HONORABLE EDWARD N. ENGOLIO, JUDGE.

Comprehending the applicability and complexity of federal energy regulation necessitates both a stroll down the tortuous legislative path and a review of legal challenges so numerous as to require the establishment of a Temporary Emergency Court of Appeals. 

CFIUS doesn’t restrict —- it regulates which companies can produce energy

Douglas William Nigh 98, associate professor of international business at the University of South Carolina, and Douglas P. Woodward, associate professor of economics at the University of South Carolina, Foreign Ownership and the Consequences of Direct Investment in the United States: Beyond Us and Them, 1998, p. 144
How did the U.S. government respond to the influx of FDI that
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Council of Economic Advisers; it is usually chaired by a Treasury official. 

Exon-Florio reviews are explicitly REGULATIONS not RESTRICTIONS intended to merely MONITOR and SUPERVISE high profile transactions involving the ownership of companies – production related energy activities are excluded

CJ Voss (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
Brief History of CFIUS

President Ford created CFIUS by Executive Order 11858 in 1975, in response to an
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involving acquirers based in the E.U. or other G20 nations. 

Simply imposing a monitoring and reviewing system to scrutinize  is explicitly not a ’restriction’ – it is merely supervision

Jean Schiedler-Brown (Attorney at Law Offices of Jean Schiedler-Brown %26
Associates) June  19 2012 Appellant Brief of Randall Kinchloe v. States Dept of Health, Washington, http://www.courts.wa.gov/content/Briefs/A01/686429%20Appellant%20Randall%20Kincheloe%27s.pdf
The ordinary definition of the term "restrictions" also does not include the reporting
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some supervision conditions, but he did not agree to restrict his license.

Conditions and qualifications are NOT ’restrictions’ – they only appear that way because the aff has rhetorically juxtaposed them that way

Ronald J. Scalise Jr (A.D. Freeman Associate Professor of Law, Tulane University Law School) March 2011 "PUBLIC POLICY AND ANTISOCIAL TESTATORS" Cardozo Law Review 32 Cardozo L. Rev. 1315, Lexis
A second problem with the fundamental rights approach to prohibiting conditions is one of characterization
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to marry), but it is clearly not a proper basis for comparison.

Marchick evidence substantiates our claim that this ’restriction’ is frivolous – 99.9% of transactions get through – the ’restriction’ has only been implemented ONCE in its history

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)
In the 18 years that Exon-Florio has been in force, there have
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a company if a President were to block an acquisition would be substantial.

Tournament:  | Round: 5 | Opponent: Texas BK | Judge:
Immigration reform package moving smoothly through congress now – Obama pressure and engagement is key to maintain momentum and prevent the GOP from smothering the bill
 I-Hsien Sherwood (writer for the Latino Post) March 21, 2013 “Immigration Reform 2013 News: Delays Could Hinder Reform Bill, So Speed is Necessary” http://www.latinospost.com/articles/14995/20130321/immigration-reform-2013-news-delays-hinder-bill-speed-necessary.htm
Lately, proponents of … to be seen.

Plan costs capital --- it’s massively unpopular.
Fairley 10 Peter, IEEE Spectrum, May, "Downsizing Nuclear Power Plants,” spectrum.ieee.org/energy/nuclear/downsizing-nuclear-power-plants/0
However, there are …they’re just as nuclear.

Top priority—PC stewardship key
Shifter 12/27 Michael is the President of Inter-American Dialogue. “Will Obama Kick the Can Down the Road?” 2012, http://www.thedialogue.org/page.cfm?pageID=32andpubID=3186

Not surprisingly, Obama has … will not disappear. 

Obama’s reform is key to all aspect of heg---competitiveness, hard and soft power
Nye 12 Joseph S. Nye, a former US assistant secretary of defense and chairman of the US National Intelligence Council, is University Professor at Harvard University. “Immigration and American Power,” December 10, Project Syndicate, http://www.project-syndicate.org/commentary/obama-needs-immigration-reform-to-maintain-america-s-strength-by-joseph-s—nye

CAMBRIDGE – The United States is a … strength of the US.

Global war
Zhang and Shi, 2011 – *Yuhan Zhang is a researcher at the Carnegie Endowment for International Peace, Washington, D.C.; Lin Shi is from Columbia University. She also serves as an independent consultant for the Eurasia Group and a consultant for the World Bank in Washington, D.C. (America’s decline: A harbinger of conflict and rivalry, http://www.eastasiaforum.org/2011/01/22/americas-decline-a-harbinger-of-conflict-and-rivalry/) 

This does not necessarily mean … of unrivalled US primacy.

Tournament:  | Round: 5 | Opponent: Texas BK | Judge:
Energy production brings nature to serve, turning the world into a global gas station, eviscerating and erasing being. The ultimate result is nuclear annihilation and meaninglessness—comparatively outweighs
Callister 2007 (Paul, Associate Professor of Law and Director of the Leon E. Bloch Law Library, University of Missouri‑Kansas City School of Law. Law and Heidegger’s Question Concerning Technology:  Prolegomenon to Future Law Librarianship Law Library Journal Vol. 99:2)

 1 Following World War … a singular will.
We do not endorse the gendered language in this card  

Belief in our ability to technologically manage the world is part of the problem. Complete control is never possible, but more often creates cycles of paralyzing anxiety and reactive desire to take action that only recreates the crisis
Peat, 08 – theoretical physicist, Ph.D., founder of the Pari Centre for New Learning (F. David, “Gentle Action: Surviving Chaos and Change”, http://www.gentleaction.org/library/paper2.php)

Many rapid changes … each new situation. 

Hence, our alternative: do nothing.
Rejecting the call to action in the face of crisis opens space for solidarity to emerge through deep reflection on our relationship with the Earth.
McWhorter 92, Professor of Philosophy at Northeast Missouri State, 92  (LaDelle, Heidegger and the Earth, ed: McWhorter, p. vii-viii)

Heidegger frustrates us. … of being human.

Tournament:  | Round: 5 | Opponent: Texas BK | Judge:
DOE will block natural gas exports – but demand shifts can change this
Ebinger et al 12 (Charles, Senior Fellow and Director of the Energy Security Initiative – Brookings, Kevin Massy, Assistant Director of the Energy Security Initiative – Brookings, and Govinda Avasarala, Senior Research Assistant in the Energy Security Initiative – Brookings, “Liquid Markets: Assessing the Case for U.S. Exports of Liquefied Natural Gas,” Brookings Institution, Policy Brief 12-01, http://www.brookings.edu/~/media/research/files/reports/2012/5/02%20lng%20exports%20ebinger/0502_lng_exports_ebinger.pdf)

From the perspective of … likely to be modest. 

Nuclear power puts downward pressure on natural gas prices – it makes exports politically viable
Perry 12 (Mark J. Perry, professor of economics at the Flint campus of The University of Michigan and a scholar at The American Enterprise Institute, “Natural gas and nuclear power need to share the lead in power generation for the future,” 9/26/12) http://www.aei.org/article/energy-and-the-environment/conventional-energy/natural-gas-and-nuclear-power-need-to-share-the-lead-in-power-generation-for-the-future/

But natural gas is … manufacturing and transportation.

That kills Russia’s economy
Mead 12
Walter Russell Mead, April 25, 2012 (Professor of Foreign Affairs and Humanities at Bard College, Henry A. Kissinger senior fellow for U.S. foreign policy at the Council on Foreign Relations (CFR), and Editor-at-Large of The American Interest magazine), , The American Interest, North American Shale Gas Gives Russia Serious Headache, http://blogs.the-american-interest.com/wrm/2012/04/25/north-american-shale-gas-gives-russia-serious-headache/

North America’s shale gas … and political influence.

Goes nuclear
Filger 9 (Sheldon, Columnist and Founder – Global EconomicCrisis.com, “Russian Economy Faces Disasterous Free Fall Contraction”, http://www.huffingtonpost.com/sheldon-filger/russian-economy-faces-dis_b_201147.html)

In Russia, historically, …least dangerous consequence.

Tournament:  | Round: 5 | Opponent: Texas BK | Judge:
And, precision—compensation for service might give reason for action but is not an actual incentive
Grant 2002 – professor of political science at Duke University (Ruth, Economics and Philosophy, 18:2002, “THE ETHICS OF INCENTIVES: HISTORICAL ORIGINS AND CONTEMPORARY UNDERSTANDINGS”, WEA)

The use of `incentives' to …encouraging¶ adaptive behavior.

Financial incentives are not the same thing as purchases—otherwise the topic would have included “payment” instead
Edward W. Nelson et al (M.D., former Chairman of the OPTN/UNOS Ethics Committee, James E. Childress, Ph.D. Jennie Perryman, R.N., M.S.N. Victor Robards, M.D. Albert Rowan Michael S. Seely, R.N., B.S.N. Sylvester Sterioff, M.D. Mary Rovelli Swanson, R.N., M.B.A.) 1993 “Financial Incentives for Organ Donation” http://optn.transplant.hrsa.gov/resources/bioethics.asp?index=4

Definition of Financial … transformed into 'vendors."

Fiscal incentives explode the topic and make the lit base unmanageable
Florence Hubert and  Nigel Pain (National Institute for Economic and Social Research) March 2002 “Fiscal Incentives, European Integration, and the Location of Foreign Direct Investment” http://www.niesr.ac.uk/pubs/dps/dp195.PDF 

Comparable data can … for several years.

This distinction is a key facet of technical policy jargon – upholding it is critical for us to understand the most important economic issues – key to effective policy analysis
Matthew Yglesias (writer for Think Progress) September 28, 2008 “Fiscal Versus Financial” http://thinkprogress.org/yglesias/2008/09/28/189726/fiscal_versus_financial/
Via Brad DeLong, Felix Salmon observes that John McCain doesn’t know what kind of crisis we’re in:

The number of …the fresh jargon he needs. 

The literature treats them as distinct
Rethabile Sello (MBA, Graduate School of Business of the University of Stellenbosch) 2007  “The significance of host country incentives in attracting Foreign Direct Investment (FDI)” online

According to Hanson (2001), … in different countries:

Tournament: NDT | Round: 7 | Opponent: Trinity GK | Judge:
1nc ptx
ptx

Immigration reform package moving smoothly through congress now – Obama pressure and engagement is key to maintain momentum and prevent the GOP from smothering the bill
 I-Hsien Sherwood (writer for the Latino Post) March 21, 2013 “Immigration Reform 2013 News: Delays Could Hinder Reform Bill, So Speed is Necessary” http://www.latinospost.com/articles/14995/20130321/immigration-reform-2013-news-delays-hinder-bill-speed-necessary.htm
Lately, proponents of immigration reform have been
AND
 said.¶ Whether Congress can maintain momentum on the issue remains to be seen.

Unpopular
Drennen 10 Kyle is a writer at NewsBuster. “CBS 'Early Show' Hits Obama From Left on Offshore Drilling,” April 1, http://newsbusters.org/?q=blogs/kyle-drennen/2010/04/01/cbs-early-show-hits-obama-left-offshore-drilling
Introducing a segment on Thursday's CBS Early Show about President Obama's decision to open up
AND
were quite fulsome in their denunciation of this plan."

ANWR is consistently controversial – party-line issue
UPI 9-22-2012; ANWR drilling 'a political hot potato' http://www.upi.com/Business_News/Energy-Resources/2011/09/22/ANWR-drilling-a-political-hot-potato/UPI-46741316692360/

WASHINGTON, Sept. 22 (UPI) -- House legislators divided along partisan lines during a hearing
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 total production from ANWR would represent, at most, around 1 percent of the total world oil consumption.

Top priority—PC stewardship key
Shifter 12/27 Michael is the President of Inter-American Dialogue. “Will Obama Kick the Can Down the Road?” 2012, http://www.thedialogue.org/page.cfm?pageID=32andpubID=3186

Not surprisingly, Obama has been explicit that reforming the US’
AND
 some arms, even in his own party. Resistance will not disappear. 

Key to Latin American relations
Simon Rosenberg (President, NDN, public policy think tank) April 2009 “Making the Case: 7 Reasons Why Congress Should Pass Comprehensive Immigration Reform this Year” http://www.huffingtonpost.com/simon-rosenberg/making-the-case-why-congr_b_193621.html
Fixing the immigration system will help reinforce that it is a "new day" for
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signaling that America is taking its relations with its southern neighbors much more seriously than in the past.

Nuclear war
James Francis Rochlin (Professor of Political Science, University of British Columbia Okanagan) 1994 “Discovering the Americas” p. 130-1

While there were economic motivations for Canadian policy in Central America, security concerns were perhaps more impotant.  Canada
AND
in efforts at regional conflict resolution, such as Contradora, as will be seen in the next chapter

Tournament: NDT | Round: 7 | Opponent: Trinity GK | Judge:
2NC
2NC Turns Case Overview
US involvement makes every Asian conflict more likely and dangerous
Dr Jian Junbo 9-26-2012; assistant professor of the Institute of International Studies at Fudan University, Shanghai. “US pivots toward trouble in West Pacific”  http://www.atimes.com/atimes/China/NI26Ad01.html

Noticeably, behind all the conflicts associated with China and its neighbors
AND
the dispute over the Diaoyus and keep the status quo when they normalized their diplomatic ties 40 years ago.

Asia pivot destroys interdependence and cooperation that would otherwise check war – guarantees great power conflict
Zheng Yongnian 9-29-2012; director of the East Asian Institute of the National University of Singapore. “US Asia-Pacific strategy destabilizes region” http://www.china.org.cn/opinion/2012-09/29/content_26675703.htm

How does the U.S. “pivot to Asia” affect regional geopolitics? Here we have to take
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 Athens and Sparta, or the U.S. and the Soviet Union during the Cold War.

A2 We Deter China
China is stuck in a commitment trap – pivoting to Asia forces them into war
Dr Jian Junbo 9-26-2012; assistant professor of the Institute of International Studies at Fudan University, Shanghai. “US pivots toward trouble in West Pacific”  http://www.atimes.com/atimes/China/NI26Ad01.html

If the price of Washington's "return to Asia" is taking an antagonistic policy toward China
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 another powerful Pacific country - and cooperate with all other concerned countries.

China will miscalc because they perceive the US is retrenching overall
Paul Eckert 6-15-2012; analyst for Reuters, Analysis: Obama's Asia "pivot" advances, but obstacles await http://www.reuters.com/article/2012/06/15/us-usa-pacific-pivot-idUSBRE85E1B420120615

"The U.S. becoming involved has fired up the Philippines and Vietnam to contest things more
AND
"The United States needs lots of partners because its own capabilities are in a sense in relative decline," said McKinley from the Australian National University.

2NC Ev Comparison

The only authoritative statements by Chinese officials say they’re okay with the squo but hate the pivot
Michael D. Swaine 6-29-2012; Senior Associate in the Asia Program at the Carnegie Endowment for International Peace. “Chinese Leadership and Elite Responses to the U.S. Pacific Pivot” China Leadership Monitor, no. 38 http://media.hoover.org/sites/default/files/documents/CLM38MS.pdf

However, while it is generally regarded as a positive term, the adjective “constructive” implies that
AND
 relationships in the region.27 Again, such statements were made during regular press conferences, in response to media questions.

XT Peaceful Rise
Yes peaceful rise – every demographic and economic incentive is for China to chill out
Yang Jun 1-19-2012; Political Counsellor of the Chinese Embassy of the United Kingdom. “China's peacful development is sincere and real” http://www2.lse.ac.uk/IDEAS/events/events/2012/120119ChineseFP.aspx

International focus and media commentary betray deep anxiety of the west about the rising China.. This
AND
Peaceful development will consistently remain central to China's rise.'
No hostile rise
Dr Jian Junbo 9-26-2012; assistant professor of the Institute of International Studies at Fudan University, Shanghai. “US pivots toward trouble in West Pacific”  http://www.atimes.com/atimes/China/NI26Ad01.html

A careful review of China's positions and claims on islands and waters in the South
AND
The challenge is from the outside - its neighbors, with the backing of the US.

prolif

No noko war
Paul Stares, CFR Center for Preventive Action Director and Conflict Prevention Senior Fellow, 8/12/2010, “Handling Tensions on the Korean Peninsula," http://www.cfr.org/publication/22788/handling_tensions_on_the_korean_peninsula.html, access 12/7/2010

Other than firing some coastal artillery and detaining a South Korean fishing boat that recently
AND
 while a much weaker North knows that it would never survive another major conflict.

2NC EU Impact Overview

China-EU ties are key to solve every major impact – Iran, terrorism, warming, global conflict, environment, science diplomacy, and the economy
Song Zhe 3-21-2011; China Daily, “China and EU: Moving forward together” http://www.chinadaily.com.cn/opinion/2011-03/21/content_12200024.htm

After 35 years of growth and engagement, our relationship is comprehensive, strategic, dynamic
AND
matching Europe's expertise with China's market, and facilitate common business growth. 

China-EU ties are key to cap escalation on every conflict and implement successful multilateralism
Liselotte Odgaard and Sven Biscop 4-20-2006; Dr. Liselotte Odgaard is an associate professor in the Department of Political Science at Aarhus University (Denmark). Dr. Sven BISCOP is a senior research fellow in the Royal Institute for International Relations (IRRI-KIIB) in Brussels and professor of European security at Ghent University (Belgium). THE EU AND CHINA: PARTNERS IN EFFECTIVE MULTILATERALISM? Paper presented at the conference on the International Politics of EU-China Relations sponsored by the Chinese Academy of Social Sciences and the British Academy, 20-21 April 2006.

 Implications for an EU-China Partnership: The EU Perspective Strategic partnerships are vital to
AND
 and to contribute actively and constructively to effective multilateralism. 

Extinction
Gwynne Dyer, 12/30/2004 former senior lecturer in war studies at the Royal Military Academy Sandhurst, The End of War, The Toronto Star, p. lexis

The "firebreak" against nuclear weapons use that we began building after Hiroshima and Nagasaki has held for well
AND
of winners and losers, then history will repeat itself and everybody loses.

CCP collapse also goes global and nuclear
Rexing 5 (San, Staff – Epoch Times, The CCP’s Last Ditch Gamble: Biological and Nuclear War, 8-5, http://english.epochtimes.com/news/5-8-5/30975.html)

Since the Party’s life is “above all else,” it would not be surprising if the CCP resorts to the use of biological, chemical,
AND
who has killed 80 million Chinese people and who now plans to hold one billion people hostage and gamble with their lives. 

scs overview

Causes great power war
Waldron 1997 (Arthur, Prof Strategy and Policy – Naval War College, Commentary, 3-1, http://www.aei.org/publications/pubID.7442,filter.all/pub_detail.asp)

Then there is Southeast Asia, which, having weathered the Vietnam war and a variety of domestic insurgencies, and having moved
AND
itself, could easily draw in neighboring states--Russia, or India, or Japan--or the United States.

South China Sea conflict collapses the global economy
Gregor ’99 (A. James, Prof PoliSci – Berkeley, Qualified Engagement, Naval War College Review, Spring)

There is no doubt that the United States considers free passage along the sea lines of communication
AND
Indonesia, arguing similar concerns, has attempted to increase its control over the traffic through the Malacca and Lombok straits.

Turns hegemony, economy, and free trade.
Sokolsky 2000 (Richard, Distinguished Research Fellow @ Institute for National Strategic Studies, The Role of Southeast Asia in U.S. Strategy Toward China, http://www.rand.org/publications/MR/MR1170/MR1170.ch2.pdf)

Southeast Asia lies at the intersection of two of the world’s most heavily traveled sea-lanes. The east-west route
AND
 navigation and the sea-lanes and retain the capability to deny freedom of operation to potential adversaries.

1NC Sino-Japan Turn

Asia pivot escalates China-Japan tensions in the East China sea
Dr Jian Junbo 9-26-2012; assistant professor of the Institute of International Studies at Fudan University, Shanghai. “US pivots toward trouble in West Pacific”  http://www.atimes.com/atimes/China/NI26Ad01.html

SHANGHAI - The dispute over the territorial sovereignty of the Diaoyu Islands
AND
also soured relations between the two socialist countries. And this year, the Diaoyu issue has become a regional focus.

Senkaku disputes go nuclear
Bill Emmot, 6-4-2008 editor of the Economist, Power rises in the east, The Australian, p. http://www.theaustralian.com.au/news/arts/power-rises-in-the-east/story-e6frg8px-1111116460128
As well as knitting them, however, this drama is also grinding together Asian powers that had previously kept a strict economic and political separation from one
AND
the East China Sea and the Senkaku-Diaoyutai islands, Taiwan and Pakistan.

Trade Wars Turn
1NC Trade Wars Turn
Asia pivot causes trade wars in Southeast Asia
Paul Eckert 6-15-2012; analyst for Reuters, Analysis: Obama's Asia "pivot" advances, but obstacles await http://www.reuters.com/article/2012/06/15/us-usa-pacific-pivot-idUSBRE85E1B420120615

POLITE FICTION, ECONOMIC REPRISALS The official U.S. line that its more energetic
AND
South China Sea dispute with Manila by tightening quality controls on Philippine fruit and cutting the number of visits by Chinese citizens to the Philippines.

Goes nuclear
Taaffe 5 Peter Taaffe, “China, A New Superpower?,” Socialist Alternative.org, Nov 1, 2005, pg. http://www.socialistalternative.org/news/article11.php?id=30 

While this conflict is unresolved, the shadow of a trade war looms. Some commentators, like Henry C.K. Liu in the Asia Times, go further and warn that
AND
 bellicose nuclear arms rattling shows the contempt of the so-called great powers for the ordinary working-class and peasant peoples of China and the people of the U.S. when their interests are at stake. 

1NC: T – RandD, Heidegger, Sequestration DA, Loan Guarantees CP
2NR: Sequestration DA, Case D