Question One
(a) Is domestic financial stability a national security interest? Explain why or why not and provide reasons and examples.
(b) Do foreign governmental buyers of publicly-traded shares in the finanical sector (as opposed to purely private market actor buyers) represent a unique problem with respect to financial stability/national security? Explain why or why not and provide reasons and examples.
(c) Is the understanding/conceptualization of necessity as decided by prior authorities relevant in the context of taking measures that override international economic obigations to preserve finanical stability? Explain why or why not and provide reasons and examples.
Question Two
(a) Is comparing national security to corporate security valid or is it not an appropriate comparative example? Explain why or why not and provide reasons and examples.
(b) Which standard of Delaware law offers the best choice for a reviewing body to evaluate the invocation of the national security exception in the international economic law context? Provide reasons and examples and explain why the other benchmarks are not good standards.
(c) Should there be a difference in the standard depending upon the nature of a threat? In other words, should it make a difference if the threat is a military attack as opposed to an economic threat? Explain why or why not and provide reasons and examples.