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The Dubai Ports World Deal and U.S. Trade and Investment Policy in an Era of National Security

The Dubai Ports World Deal and U.S. Trade and Investment Policy in an Era of National Security Dubai Ports (DP) World, which is owned by the Dubai government, purchased P&O Steam Navigation. In doing so, it took ownership of P&O Ports North America, a subsidiary ofP&O that operated terminals at six U.S. ports. The DP World transaction has prompted a controversy over the sale of those six U.S. ports and raised issues of national security. The goal of this article is to identify the issues surrounding the DP World transaction and its implications for the protection of U.S. national security. In this article, my claim is that the United States now stands at a crossroads. In the past, the United States adopted initiatives designed to foster trade and investment. However, the terrorist attacks of September 11, 2001 created a context for the invocation of national security exceptions hostile to trade and investment. I argue that politicization is becoming important in reviews of whether a proposed merger, acquisition or takeover threatens U.S. national security. The implications of the DP World transaction could lead to potentially sweeping implications for foreign direct investment (FDI) in the United States. The article includes a brief survey of foreign investment. It considers the Exon-Florio Amendment, with an emphasis on its legislative http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Journal of World Investment and Trade Brill

The Dubai Ports World Deal and U.S. Trade and Investment Policy in an Era of National Security

Journal of World Investment and Trade , Volume 7 (3): 21 – Jan 1, 2006

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Publisher
Brill
Copyright
Copyright © Koninklijke Brill NV, Leiden, The Netherlands
ISSN
1660-7112
eISSN
2211-9000
DOI
10.1163/221190006X00270
Publisher site
See Article on Publisher Site

Abstract

Dubai Ports (DP) World, which is owned by the Dubai government, purchased P&O Steam Navigation. In doing so, it took ownership of P&O Ports North America, a subsidiary ofP&O that operated terminals at six U.S. ports. The DP World transaction has prompted a controversy over the sale of those six U.S. ports and raised issues of national security. The goal of this article is to identify the issues surrounding the DP World transaction and its implications for the protection of U.S. national security. In this article, my claim is that the United States now stands at a crossroads. In the past, the United States adopted initiatives designed to foster trade and investment. However, the terrorist attacks of September 11, 2001 created a context for the invocation of national security exceptions hostile to trade and investment. I argue that politicization is becoming important in reviews of whether a proposed merger, acquisition or takeover threatens U.S. national security. The implications of the DP World transaction could lead to potentially sweeping implications for foreign direct investment (FDI) in the United States. The article includes a brief survey of foreign investment. It considers the Exon-Florio Amendment, with an emphasis on its legislative

Journal

Journal of World Investment and TradeBrill

Published: Jan 1, 2006

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