To Legislate or to Arbitrate: An Analysis of U.S. Foreign Investment Policy After FINSA and the Benefits of International Arbitration
By Brian J. Farrar, February 8, 2012
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This note argues for the establishment of an international arbitral body to resolve foreign investment disputes involving national security. The author specifically argues that such a system would more effectively balance the commercial needs of foreign investors with the national security needs of sovereign nations than the current system employed by the U.S. under the Foreign Investment and National Security Act of 2007 (FINSA).
