30 Va. J. Int'l L. 1 (1989-1990)
Political Protectionism and United States International Investment Obligations in Conflict: The Hazards of Exon-Florio

handle is hein.journals/vajint30 and id is 11 raw text is: Political Protectionism and United States
International Investment Obligations
in Conflict: The Hazards of
Exon-Florio
BY JOSE E. ALVAREZ*
CONTENTS
I.  Introduction ............................................       2
II. The United State's International Investment Obligations.        16
A.   Contemporary Treaties of Friendship, Commerce
and Navigation (FCNs) ............................        19
B. Bilateral Investment Treaties .......................       30
C. The Canada-U.S. Free Trade Agreement ...........            40
D.   OECD Obligations ................................         46
E. Ongoing Negotiations ..............................         50
III.  Enter Exon-Florio ......................................       56
A. Background: The Fujitsu-Fairchild Case ...........          56
B.   Legislative History .................................     63
IV. United States International Obligations and National
Security Screening ......................................      86
A. Building a New Church .........................           89
* The author, an Associate Professor of Law, George Washington University, National
Law Center, is presently an international affairs fellow with the Council of Foreign Relations
and is in residence at the Carnegie Endowment of International Peace. From 1983 to 1988,
the author was an Attorney-Adviser in the Office of the Legal Adviser, U.S. Department of
State. He served as counsel to United States Bilateral Investment Treaty and United States-
Canada Free Trade Agreement negotiating teams. The views expressed here are those of the
author and not necessarily of the United States Government. The author gratefully
acknowledges the financial assistance provided by the National Law Center's summer research
program as well as the assistance of Susan Damplo, Victoria Hartke, Shlomo Katz, and
Kenneth Vandevelde.

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