Course description course overviewthe existing architect

1. Course Description
Course Overview:
The existing architecture of the global economic and
international law orders led by the United
States and allied Western powers will not last indefinitely:
“History has never set any precedent that an empire is capable
of governing the world
forever.”
https://www.nytimes.com/2015/12/05/business/international/chi
na-creates-an-
asian-bank-as-the-us-stands-aloof.html
The world currently stands at the precipice of a transitional
moment in the international law
writ caused by the reasonable likelihood that new architects will
be joining (and possibly
eventually supplanting) the present-day architects.
Transformative geo-political and economic
developments led by China such as the One Belt One Road (or
Belt Road I nitiative) (“OBOR” or
“BRI ”), the Asian I nfrastructure I nvestment Bank (“AI I B”)
and the increasing
internationalization of the Yuan all herald potentially
significant changes to the existing
international governance framework. This will have enormous
consequences on international
law, global trade and international economic law.
“[T]here does not appear to be a comparable example of a great
power (or multiple powers)

2. rising within a normative framework not of its own making,
where that normative framework
has not undergone substantial change or revolution as a result of
the new power’s values and
interests.”
Simon Chesterman, Asia’s Ambivalence about I nternational
Law and I nstitutions: Past, Present
and Futures
https://academic.oup.com/ejil/article/27/4/945/2962207
Understandably, the current Chief Architect – the United States
– believes that the new
architects are “revisionists” and present a strategic challenge.
This is a natural reaction to the
potential loss of hegemony and power and the likely shift in
defining international law and
controlling the governance architecture.
The intriguing question is how the clash will be resolved.
While in recent decades Chinese
participation in globalization was welcomed, the perspective of
the United States has changed
as evidenced by the trend of national security to block deals
involving Chinese buyers and calls
for tariffs. Understanding how this potential re-orientations in
power will affect international
law, trade and investment, military flash points and global
stability is of critical importance.
The Class:
The course will be taught over 6 days and each day will consist
of a 3.5 hour session (4
academic hours). The readings have been prepared with the

3. understanding this is a
condensed course over 6 days and will therefore not be
overwhelming yet will provide you
with a comprehensive background so that you will be able to
follow the lectures and
participate in discussions.
The main “text” of the course is the article – “The Clash of
Architects: Developments and
Transformations in I nternational Law” - published in the
Chinese Journal of Global
Governance. The article is available on the internet (see link
below). Unless directed in class,
you are not required to read the footnotes (you are welcome too
and they are a source for
you for further research) but we may discuss them in class. For
your convenience, I have also
cut and paste into the syllabus for Class 5 some quotes from the
recent United States National
Security Strategy and Defense Department documents. Other
readings are brief news items
and possibly current events developments which I will put up
on the board and discuss. Class
participation is strongly encouraged and students are
responsible to know what is covered in
class.
Course Goals
Objectives:
We will focus on the following primary objectives: 1)
understanding the rise of the new
potential architects in the context of the existing governance
architecture; 2) examining the
historical narrative of excluding certain nations from
international law making; 3) evaluating

4. the reactions of the existing architects and 4) discussing the
various potential outcomes and
impacts and ramifications on the international law and
governance orders arising from this
clash.
Grading
The Exam:
The exam will consist of a take home exam consisting of essays
and will be due no later than
Friday September 21 (17 days after our last class on September
4) at 4 pm. Send the work to
[email protected] Late submissions will not be accepted and
will not be graded. I f an
emergency arises and you cannot submit the work on time you
must secure written approval
from the I DC Administration. I will provide the questions on
the last day of class and will post
it as well on the course site.
The best way to prepare for the take home exam will be reading
the assigned readings,
attendance and class participation. All questions in class are
welcomed but if you prefer, I will
happily answer your questions outside of the classroom and I
will make myself available
before/after class to answer any questions you may have about
what we covered in class.
Reading List
Class 1
The Current United States Led Western Created Global Order
Points of discussion

5. - post-WW2 architecture - U.S. dominated international
financial institutions (I MF, World
Bank, U.S. Dollar)
- what is the global governance order and what is the current
framework of international law –
the law of “civilized” nations?
- is it inherently unfair to claim international law violations
against nations which were
Course program and reading list
Semester 3 Year 2018
School: Harry Radzyner Law School LL.B.
The Clash of Architects: Transformative Developments in the
Global
Order
Lecturer:
Adv. Joel Slawotsky [email protected]
Course No.:
10479
Course Type :
Elective
Weekly Hours :
2
Credit:
2

6. Course Requirements :
Final Paper
Group Code :
183104791
Language:
English
Prerequisites
Prerequisite:
4 - Legal English Advanced 2 OR 10061 - Legal English
Advanced for - Honors Program
https://academic.oup.com/ejil/article/27/4/945/2962207/Asia-s-
Ambivalence-about-International-Law-and
mailto:[email protected]
talias
Pencil
talias
Text Box
talias
Text Box
- is it inherently unfair to claim international law violations
against nations which were
considered “uncivilized” and therefore excluded from creating
international law?
Readings: Joel Slawotsky, The Clash of Architects:
Developments and Transformations in

7. I nternational Law, Chinese Journal of Global Governance
http://booksandjournals.brillonline.com/content/journals/10.116
3/23525207-12340025
Section 1 “The Historical Context of the Global Economic and
Legal Orders
https://www.reuters.com/article/us-asean-australia/australia-to-
stress-international-law-in-
south-china-sea-dispute-idUSKCN1GP0NM
Class 2
The Rise of China and Chinese Global Leadership
Points of discussion
- China’s economy has risen remarkably in recent years and is
the second largest
- China has established and is leading several global initiatives
which will challenge the current
business and legal architecture (OBOR, AI I B, NDB)
- the Yuan’s internationalization and potential for increased
usage in the oil trade
Readings: Joel Slawotsky, The Clash of Architects:
Developments and Transformations in
I nternational Law, Chinese Journal of Global Governance,
http://booksandjournals.brillonline.com/content/journals/10.116
3/23525207-12340025

8. Section 2 The Current Framework Challenged
http://www.economist.com/news/china/21701505-chinas-
foreign-policy-could-reshape-
good-part-world-economy-our-bulldozers-our-rules
http://www.economist.com/blogs/economist-
explains/2017/05/economist-explains-11
https://www.reuters.com/article/us-china-oil-futures/shanghai-
crude-futures-roar-into-
action-as-global-merchants-dominate-trade-idUSKBN1H207T
http://blogs.lse.ac.uk/internationaldevelopment/2017/01/30/the -
impact-of-chinas-one-belt-
one-road-initiative-on-developing-countries/
https://www.weforum.org/agenda/2017/11/the-us-is-losing-to-
china-in-the-ai-race
https://thediplomat.com/2017/11/can-china-replace-the-us-as-
the-worlds-top-arms-dealer/
http://www.straitstimes.com/asia/east-asia/chinas-military-tech-
challenging-wests-
dominance-study
https://www.reuters.com/article/china-silkroad-japan/japans-
ruling-party-heavyweight-
signals-readiness-to-join-aiib-nikkei-idUSL4N1I H5ZP
https://www.cnbc.com/2017/10/11/the-us-dollar-may-be-at-risk-
as-the-global-reserve-
currency.html

9. Classes 3 and 4
Examples of Different Norms and Values and Understandings of
I nternational Law
Ramifications on The Global Governance Architecture
Points of discussion
-different norms of various states
-defining international law
-trade, international financial institutions and global governance
-is it fair to impose Western norms on non-Western nations?
-what happens if Western nations view the Chinese governance
model as superior?
Reading: Joel Slawotsky, The Clash of Architects:
Developments and Transformations in
I nternational Law, Chinese Journal of Global Governance,
http://booksandjournals.brillonline.com/content/journals/10.116
3/23525207-12340025
Section 3 The New Architects Knocking at the Gate
Section 4 Ramifications and Challenges of the New Architects
Section 4.1 Core I ssues Defining I nternational Law
Section 4.2 Rules Governing The Global Order

10. Class 5
The Reactions of the Current Western Architects:
Global Partnership Versus Strategic Rivalry
Points of discussion
- United States National Security Strategy and Department of
Defense Perspectives
-National Security Review of I ncoming FDI (general)
-United States CFI US national security review
-China’s State Owned Enterprises (“SOEs”) and FDI
-Western concerns over strategic motivations and technology
transfer
-Western protectionism: legitimate concern or
protectionism/paranoia?
Readings:
United States National Security Strategy
https://www.whitehouse.gov/wp-content/uploads/2017/12/NSS-
Final-12-18-2017-0905.pdf
China and Russia want to shape a world antithetical to U.S.
values and interests. China seeks to
displace the United States in the I ndo-Pacific region, expand
the reaches of its state-driven
economic model, and reorder the region in its favor. Russia

11. seeks to restore its great power
status and establish spheres of influence near its borders. (NSS,
supra., p. 25).
United States Department of Defense
http://www.airuniversity.af.mil/Portals/10/CMSA/documents/Re
quired_Reading/Joint%20Operating%20Environment%202035%
20The%20Joint%20Force%20in%20a%20Contested%20and%20
Disordered%20World.pdf
The DofD document uses the word “competitor” 43 times and
references “China” almost 20
times. I t singles out China as harboring ambitions threatening
American hegemony closely
paralleling the NSS.
For the foreseeable future, the rising economic and cultural
power of some Asian countries,
par cularly China, is breeding new and more expansive poli cal
and geostrategic ambi ons
backed by growing military power. (“ The Joint Force in a
Contested and Disordered World,” p.
28).
China’s recent industrial and economic growth combined with
its desire to once again be a
regional hegemon and global power may result in new nuclear
doctrine emphasizing first use
and a counter force approach, versus its current counter value
doctrine and capabilities.
Future delivery mechanisms might include hypersonic missiles,

12. long-range cruise missiles, and
ballistic missiles with maneuverable warheads, all designed to
penetrate U.S. defensive
systems.. . . (“The Joint Force in a Contested and Disordered
World” p. 25)
Looking ahead, competitive behavior between the U.S. and
potential – and actual – adversaries
will be overt and violent. But just as often, our interaction with
competitors will include
attempts to deter and deny us our strategic objectives or be
marked by ambiguous, but still
coercive pursuit of political goals backed by the threat or
potential of applied military power.. .
. (I bid., p. i (Foreword))
The cyber forces and activities of many states will also likely be
used to stress or fracture the
social and political cohesion of competitors. . . . (p. 35)
http://booksandjournals
http://www
http://www.economist.com/blogs/economist-
explains/2017/05/economist-explains-11
https://www.reuters.com/article/us-china-oil-futures/shanghai-
crude-futures-roar-into-action-as-global-merchants-dominate-
trade-idUSKBN1H207T
http://blogs.lse.ac.uk/internationaldevelopment/2017/01/30/the -
impact-of-chinas-one-belt-one-road-initiative-on-developing-
countries/
https://www.weforum.org/agenda/2017/11/the-us-is-losing-to-
china-in-the-ai-race
https://thediplomat.com/2017/11/can-china-replace-the-us-as-
the-worlds-top-arms-dealer/
http://www.straitstimes.com/asia/east-asia/chinas-military-tech-
challenging-wests-dominance-study

13. https://www.reuters.com/article/china-silkroad-japan/japans-
ruling-party-heavyweight-signals-readiness-to-join-aiib-nikkei-
idUSL4N1IH5ZP
https://www.cnbc.com/2017/10/11/the-us-dollar-may-be-at-risk-
as-the-global-reserve-currency.html
https://www.whitehouse.gov/wp-content/uploads/2017/12/NSS-
Final-12-18-2017-0905.pdf
http://www.airuniversity.af.mil/Portals/10/CMSA/documents/Re
quired_Reading/Joint Operating Environment 2035 The Joint
Force in a Contested and Disordered World.pdf
http://www.airuniversity.af.mil/Portals/10/CMSA/documents/Re
quired_Reading/Joint Operating Environment 2035 The Joint
Force in a Contested and Disordered World.pdf
http://www.airuniversity.af.mil/Portals/10/CMSA/documents/Re
quired_Reading/Joint Operating Environment 2035 The Joint
Force in a Contested and Disordered World.pdf
social and political cohesion of competitors. . . . (p. 35)
Our forces face the very real possibility of arriving in a future
combat theater and finding
themselves facing an arsenal of advanced, disruptive
technologies that could turn our
previous technological advantage on its head – where our armed
forces no longer have
uncontested theater access or unfettered operational freedom of
maneuver. . . . (“The Joint
Force in a Contested and Disordered World” p. 15 quoting
Deputy Secretary of Defense
Robert Work, Remarks to the National Defense University
Convocation (August 5, 2014))
Russia, China, and other revisionist states may also increasingly
partner and coordinate with
each other or with smaller, but militarily-active partners such as

14. Pakistan or North Korea
(I bid., 29)
https://www.lawfareblog.com/cfius-reform-and-us-government-
concerns-over-chinese-
investment-primer
http://online.wsj.com/public/resources/documents/cfiusletter.pdf
https://www.nytimes.com/2017/06/29/business/china-cfius-
takeover-money-deals.html
https://www.nytimes.com/2018/03/06/business/qualcomm-
broadcom-cfius.html
http://thediplomat.com/2017/04/cfius-in-us-china-relations/
http://www.reuters.com/article/us-usa-china-idUSKBN13B1WO
https://www.theguardian.com/australia-
news/2017/dec/11/reports-of-chinese-influence-on-
australia-hysterical-paranoia-top-newspaper-says
http://www.scmp.com/news/china/diplomacy-
defence/article/2133455/why-sino-eu-ties-
have-hit-rough-patch
http://foreignpolicy.com/2015/03/31/the-aiib-is-a-threat-to-
global-economic-governance-
china/
https://www.theguardian.com/business/2018/jan/24/wto-head-
rejects-talk-global-trade-
war-us-more-tariffs

15. http://zeenews.india.com/world/west-resistance-to-chinas-obor-
rising-2084949.html
http://www.scmp.com/business/companies/article/2099613/macr
on-wants-limits-chinese-
investments-takeovers-europes
http://www.reuters.com/article/uk-eu-trade-france-
idUKKBN15T1ND?il=0
Class 6
Going Forward: The U.S.-China Rivalry – Potential Outcomes
Most Recent Developments, General Course Review and Exam
Tips
Points of discussion
-potential outcomes going forward
-potential economic, political and military ramifications
-peaceful coexistence and sharing of the world stage or
trade/military conflict?
-recent developments, course review, questions and exam tips.
Reading:
Joel Slawotsky, The Clash of Architects: Developments and
Transformations in I nternational
Law, Chinese Journal of Global Governance
http://booksandjournals.brillonline.com/content/journals/10.116
3/23525207-12340025

16. Section 4.3 Discussion
http://www.airuniversity.af.mil/Portals/10/CMSA/documents/Re
quired_Reading/Joint Operating Environment 2035 The Joint
Force in a Contested and Disordered World.pdf
https://www.defense.gov/News/Speeches/Speech-
View/Article/605598/
https://www.lawfareblog.com/cfius-reform-and-us-government-
concerns-over-chinese-investment-primer
https://eur01.safelinks.protection.outlook.com/?url=https%3A%
2F%2Fwww.nytimes.com%2F2017%2F06%2F29%2Fbusiness%
2Fchina-cfius-takeover-money-
deals.html&data=02%7C01%7C%7Cff835d25d93646ec9cbe08d
53cb71b07%7C84df9e7fe9f640afb435aaaaaaaaaaaa%7C1%7C0
%7C636481679480513890&sdata=%2B1vIJcqs10oMusN%2FY
HZVU1a92IWKmRolxceh2YCAwjU%3D&reserved=0
https://eur01.safelinks.protection.outlook.com/?url=http%3A%2
F%2Fwww.reuters.com%2Farticle%2Fus-usa-china-
idUSKBN13B1WO&data=02%7C01%7C%7Cff835d25d93646ec
9cbe08d53cb71b07%7C84df9e7fe9f640afb435aaaaaaaaaaaa%7C
1%7C0%7C636481679480513890&sdata=W%2BiSh%2BboBbH
1lJzfn5dp%2FHGU8vO%2BT0fMNJUmwu89CGU%3D&reserve
d=0
http://foreignpolicy.com/2015/03/31/the-aiib-is-a-threat-to-
global-economic-governance-china/
http://zeenews.india.com/world/west-resistance-to-chinas-obor-
rising-2084949.html
https://eur01.safelinks.protection.outlook.com/?url=http%3A%2
F%2Fwww.scmp.com%2Fbusiness%2Fcompanies%2Farticle%2
F2099613%2Fmacron-wants-limits-chinese-investments-
takeovers-
europes%2520June%252023&data=02%7C01%7C%7Cff835d25
d93646ec9cbe08d53cb71b07%7C84df9e7fe9f640afb435aaaaaaa
aaaaa%7C1%7C0%7C636481679480513890&sdata=bhdQWJulo
gO%2BxXu0sKMrsg6rFDByCsj7yxl2j0yuEdU%3D&reserved=0

17. https://eur01.safelinks.protection.outlook.com/?url=http%3A%2
F%2Fwww.reuters.com%2Farticle%2Fuk-eu-trade-france-
idUKKBN15T1ND%3Fil%3D0&data=02%7C01%7C%7Cff835d
25d93646ec9cbe08d53cb71b07%7C84df9e7fe9f640afb435aaaaa
aaaaaaa%7C1%7C0%7C636481679480513890&sdata=2%2BwlT
aGUWc%2FQGZwwgjJJn%2FG2l2mxq14H5Xpz9XslRYQ%3D
&reserved=0
http://booksandjournals.brillonline.com/content/journals/10.116
3/23525207-12340025Course program and reading listSemester
3 Year 2018Harry Radzyner Law School LL.B.The Clash of
Architects: Transformative Developments in the Global
OrderLecturer:Adv. Joel Slawotsky [email protected]Course
No.:Course Type :Weekly Hours :Credit:10479Elective22Course
Requirements :Group Code :Language:Final
Paper183104791EnglishPrerequisitesPrerequisite:4 - Legal
English Advanced 2 OR 10061 - Legal English Advanced for -
Honors ProgramCourse DescriptionCourse Overview: The
existing architecture of the global economic and international
law orders led by the United States and allied Western powers
will not last indefinitely: “History has never set any precedent
that an empire is capable of governing the world forever.”
https://www.nytimes.com/2015/12/05/business/international/chi
na-creates-an-asian-bank-as-the-us-stands-aloof.html The world
currently stands at the precipice of a transitional moment in the
international law writ caused by the reasonable likelihood that
new architects will be joining (and possibly eventually
supplanting) the present-day architects. Transformative geo-
political and economic developments led by China such as the
One Belt One Road (or Belt Road Initiative) (“OBOR” or
“BRI”), the Asian Infrastructure Investment Bank (“AIIB”) and
the increasing internationalization of the Yuan all herald
potentially significant changes to the existing international
governance framework. This will have enormous consequences
on international law, global trade and international economic
law. “[T]here does not appear to be a comparable example of a
great power (or multiple powers) rising within a normative

18. framework not of its own making, where that normative
framework has not undergone substantial change or revolution
as a result of the new power’s values and interests.” Simon
Chesterman, Asia’s Ambivalence about International Law and
Institutions: Past, Present and Futures
https://academic.oup.com/ejil/article/27/4/945/2962207
Understandably, the current Chief Architect – the United States
– believes that the new architects are “revisionists” and present
a strategic challenge. This is a natural reaction to the potential
loss of hegemony and power and the likely shift in defining
international law and controlling the governance architecture.
The intriguing question is how the clash will be resolved.
While in recent decades Chinese participation in globalization
was welcomed, the perspective of the United States has changed
as evidenced by the trend of national security to block deals
involving Chinese buyers and calls for tariffs. Understanding
how this potential re-orientations in power will affect
international law, trade and investment, military flash points
and global stability is of critical importance. The Class: The
course will be taught over 6 days and each day will consist of a
3.5 hour session (4 academic hours). The readings have been
prepared with the understandi ng this is a condensed course over
6 days and will therefore not be overwhelming yet will provide
you with a comprehensive background so that you will be able
to follow the lectures and participate in discussions. The main
“text” of the course is the article – “The Clash of Architects:
Developments and Transformations in International Law” -
published in the Chinese Journal of Global Governance. The
article is available on the internet (see link below). Unless
directed in class, you are not required to read the footnotes (you
are welcome too and they are a source for you for further
research) but we may discuss them in class. For your
convenience, I have also cut and paste into the syllabus for
Class 5 some quotes from the recent United States National
Security Strategy and Defense Department documents. Other
readings are brief news items and possibly current events

19. developments which I will put up on the board and discuss.
Class participation is strongly encouraged and students are
responsible to know what is covered in class.Course
GoalsObjectives: We will focus on the following primary
objectives: 1) understanding the rise of the new potential
architects in the context of the existing governance architecture;
2) examining the historical narrative of excluding certain
nations from international law making; 3) evaluating the
reactions of the existing architects and 4) discussing the various
potential outcomes and impacts and ramifications on the
international law and governance orders arising from this
clash.GradingThe Exam: The exam will consist of a take home
exam consisting of essays and will be due no later than Friday
September 21 (17 days after our last class on September 4) at 4
pm. Send the work to [email protected] Late submissions will
not be accepted and will not be graded. If an emergency arises
and you cannot submit the work on time you must secure
written approval from the IDC Administration. I will provide
the questions on the last day of class and will post it as well on
the course site. The best way to prepare for the take home exam
will be reading the assigned readings, attendance and class
participation. All questions in class are welcomed but if you
prefer, I will happily answer your questions outside of the
classroom and I will make myself available before/after class to
answer any questions you may have about what we covered in
class.Reading ListClass 1 The Current United States Led
Western Created Global Order Points of discussion - post-
WW2 architecture - U.S. dominated international financial
institutions (IMF, World Bank, U.S. Dollar) - what is the
global governance order and what is the current framework of
international law – the law of “civilized” nations? - is it
inherently unfair to claim international law violations against
nations which were considered “uncivilized” and therefore
excluded from creating international law? Readings: Joel
Slawotsky, The Clash of Architects: Developments and
Transformations in International Law, Chinese Journal of

20. Global Governance
http://booksandjournals.brillonline.com/content/journals/10.116
3/23525207-12340025 Section 1 “The Historical Context of the
Global Economic and Legal Orders
https://www.reuters.com/article/us-asean-australia/australia-to-
stress-international-law-in-south-china-sea-dispute-
idUSKCN1GP0NM Class 2 The Rise of China and Chinese
Global Leadership Points of discussion - China’s economy has
risen remarkably in recent years and is the second largest -
China has established and is leading several global i nitiatives
which will challenge the current business and legal architecture
(OBOR, AIIB, NDB) - the Yuan’s internationalization and
potential for increased usage in the oil trade Readings: Joel
Slawotsky, The Clash of Architects: Developments and
Transformations in International Law, Chinese Journal of
Global Governance,
http://booksandjournals.brillonline.com/content/journals/10.116
3/23525207-12340025 Section 2 The Current Framework
Challenged http://www.economist.com/news/china/21701505-
chinas-foreign-policy-could-reshape-good-part-world-economy-
our-bulldozers-our-rules
http://www.economist.com/blogs/economist-
explains/2017/05/economist-explains-11
https://www.reuters.com/article/us-china-oil-futures/shanghai-
crude-futures-roar-into-action-as-global-merchants-dominate-
trade-idUSKBN1H207T
http://blogs.lse.ac.uk/internationaldevelopment/2017/01/30/the -
impact-of-chinas-one-belt-one-road-initiative-on-developing-
countries/ https://www.weforum.org/agenda/2017/11/the-us-is-
losing-to-china-in-the-ai-race
https://thediplomat.com/2017/11/can-china-replace-the-us-as-
the-worlds-top-arms-dealer/
http://www.straitstimes.com/asia/east-asia/chinas-military-tech-
challenging-wests-dominance-study
https://www.reuters.com/article/china-silkroad-japan/japans-
ruling-party-heavyweight-signals-readiness-to-join-aiib-nikkei-

21. idUSL4N1IH5ZP https://www.cnbc.com/2017/10/11/the-us-
dollar-may-be-at-risk-as-the-global-reserve-currency.html
Classes 3 and 4 Examples of Different Norms and Values and
Understandings of International Law Ramifications on The
Global Governance Architecture Points of discussion -
different norms of various states -defining international law -
trade, international financial institutions and global governance
-is it fair to impose Western norms on non-Western nations? -
what happens if Western nations view the Chinese governance
model as superior? Reading: Joel Slawotsky, The Clash of
Architects: Developments and Transformations in International
Law, Chinese Journal of Global Governance,
http://booksandjournals.brillonline.com/content/journals/10.116
3/23525207-12340025 Section 3 The New Architects Knocking
at the Gate Section 4 Ramifications and Challenges of the New
Architects Section 4.1 Core Issues Defining International Law
Section 4.2 Rules Governing The Global Order Class 5 The
Reactions of the Current Western Architects: Global
Partnership Versus Strategic Rivalry Points of discussion -
United States National Security Strategy and Department of
Defense Perspectives -National Security Review of Incoming
FDI (general) -United States CFIUS national security review -
China’s State Owned Enterprises (“SOEs”) and FDI -Western
concerns over strategic motivations and technology transfer -
Western protectionism: legitimate concern or
protectionism/paranoia? Readings: United States National
Security Strategy https://www.whitehouse.gov/wp-
content/uploads/2017/12/NSS-Final-12-18-2017-0905.pdf
China and Russia want to shape a world antithetical to U.S.
values and interests. China seeks to displace the United States
in the Indo-Pacific region, expand the reaches of its state-driven
economic model, and reorder the region in its favor. Russia
seeks to restore its great power status and establish spheres of
influence near its borders. (NSS, supra., p. 25). United States
Department of Defense
http://www.airuniversity.af.mil/Portals/10/CMSA/documents/Re

22. quired_Reading/Joint%20Operating%20Environment%202035%
20The%20Joint%20Force%20in%20a%20Contested%20and%20
Disordered%20World.pdf The DofD document uses the word
“competitor” 43 times and references “China” almost 20 times.
It singles out China as harboring ambitions threatening
American hegemony closely paralleling the NSS. For the
foreseeable future, the rising economic and cultural power of
some Asian countries, particularly China, is breeding new and
more expansive political and geostrategic ambitions backed by
growing military power. (“The Joint Force in a Contested and
Disordered World,” p. 28). China’s recent industrial and
economic growth combined with its desire to once again be a
regional hegemon and global power may result in new nuclear
doctrine emphasizing first use and a counter force approach,
versus its current counter value doctrine and capabilities. Future
delivery mechanisms might include hypersonic missiles, long-
range cruise missiles, and ballistic …
Statement of events
Acre llc leases a building from Serra Hyundai AF Serra
owns serra hyundia
Cozmo LLC leases a building from Serra Chevrolet. AF Serra
owns serra chervolet
Kevin A Serra and AF Serra took out a loan in Dec of 2015
from Servisfirst under ACRE LLC and used 2 parcels of free
and clear property to collateralize the loan.
The loan to the ACRE llc came due in Dec 2017 from Servisfirs t
bank. Kevin Serra is the manager for ACRE LLC and the only
approved person to be acting on behalf of the LLC. I proposed
to AF Serra to renew the loan on interest only (as it has been
for yrs) and AF Serra demanded we both payoff the note which

23. is 250,000 each. I said NO unless serra Hyundai renews its lease
or you can buy me out of the ACRE LLC for a discount.
I offered to sell my half of the llc at a discount to be
reasonable. I offered all reasonable remedies but i would not
payoff the $250,000
I simply did not want to payoff this property because there
would not be a "new lease in place" and because AF Serra
would not be reasonable under any circumstance
AF Serra became angry in early 2018 and disgruntled and would
not make any concessions or be reasonable whatsoever with
renewing the note. AF Serra decided to take matters into his
own hands
AF Serra a passive member of ACRE LLC called a meeting
with Servisfirst representative Layne held and demanded that
layne Held pressure Kevin Serra to payoff his half of the loan
which was $ 250,000 and AF Serra would payoff his half of the
note of $ 250,000
I declined and said to Servisfirst "you can take the property
back and sell it off " your bank has a personal guarantee on both
Kevin Serra and AF Serra which will payoff any defieciency
and attorney fees-the bank will not lose. The Bank was fearful
of losing its realtionship with its multimillionaire client AF
Serra so they sold the $500,000 note to one of AF Serra's
companies Team Financial Inc in mid 2018 .
This has ruined my banking relationship with Servisfirst and AF
Serra is with holding rents due and refuses to pay rents owed to
me by ACRE LLC and Cozmo LLC for thousands of dollars.
Servisfirst bank has not notified me as the manager of acre llc
that the note has been sold
the bank has not communicated any of this to me. The Bank was

24. given the operating agreement prior to the loan in 2015 and
knew AF Serra was a passive member
What laws have been broken by the bank? i need the specific
laws broken and exposure the bank could face
What laws have been broken by AF Serra? i need the specific
laws broken and exposure he faces
Is AF SERRA portion of the LLC liable for the damages? such
as legal fees
The Clash of Architects: Transforma tive Developments in the
Global Order
Instructions:
Please select any two out of the following four potential essay
questions to answer. Each question is worth the same in terms
of grading – 50 points each. You will be graded on content so
back-up your arguments, provide examples; you can use source
material from links on syllabus, as well as any other material
you can find.
Each question 5 pages (of course the grade is based upon
quality) and you can submit as many pages as you wish. I am
interested in the points you are making.
Question One:
The foundation of modern international law is Euro-centric and
over the last 70 years turned into a U.S.-led Western based
order. China (and other nations) were essentially excluded from
the table of international law creation being considered
“uncivilized” (i.e., barbarians, savages). However, China has
established the AIIB, BRI and is the second largest economy
with enormous technological/military strength. Now that China

25. is an important global actor, China can no longer be out-casted
and China will likely become an architect of international law
which will be a transformative development.
In what ways will China’s rise influence the creation and
interpretation of international law?
In what ways could this influence clash with existing
international law?
What is the likelihood of Western adoption (or non-adoption) of
the Chinese “vision” of international law (i.e. non-interference,
etc.) and why or why not?
Question Two:
China’s State-Owned Enterprises (“SOEs”) are powerful
economic actors which have been active in investing in
businesses in Western nations. Western nations have expressed
national security concerns because SOEs are not purely private
market actors – they are controlled by a government. The
Western concerns are that (1) SOEs have strategic motivations
to transfer technology and promote political objectives and (2)
concerns exist with respect to the claim that SOEs are not
purely profit-making businesses, and therefore SOEs may be
less efficient and less productive (profitable) than purely
private market actors. In response to these concerns Western
states are tightening their domestic national security screening
mechanisms to protect critical economic and infrastructure
sectors from SOEs.
Are Western concerns over SOEs (and blocking SOE
investments) a legitimate expression of national security or used
as a cover for protectionism?
Aside from national security concerns, are Western nations
legitimately concerned that SOEs may be inefficient economic
actors and therefore less productive and less profitable than
purely private market actors and is it therefore legitimate to
discourage/block SOE investments based on this factor or used
as a cover for protectionism?
Should SOEs be reformed so that these concerns (national

26. security as well as productivity) disappear - and if so how, what
would you recommend?
Question Three:
The United States National Security Strategy has shifted from
the context of welcoming China into the global trade order and
encouraging Chinese investment into the United States to
viewing China as a strategic and economic adversary. Increased
CFIUS scrutiny to thwart or reduce Chinese investments into
certain businesses as well as trade tariffs and increased military
tension in the South China Seas are examples of this perception.
Do you think that China’s growing global prestige and
importance in the global economy will lead to increased
hostility between the United States (with the US trying to block
China’s rise) and its traditional Western allies (who are
becoming integrated with China)?
Do you think U.S. allies will gravitate (moved towards) a
Chinese governance model if it is successful and ally with
China in international politics much as Western nations aligned
with the United States in recent decades?
Will China gravitate towards a Western governance model over
time and be influenced by Western norms and if so in what way
or will the opposite likely to happen (Western adoption of
Chinese norms)?
Question Four:
China’s rise and its governance model presents a challenge to
the existing US-led international governance architecture. The
two models have very different notions and values with respect
to international law norms, rights, governmental involvement in
the domestic economy and national political governance.
Friction between China and the United States in trade and
military power projection is increasing. The issue is whether the
two models can co-exist in the international order or will one
need to dominate the other.
Over the next 5-10 years, which outcome do you feel is most

27. likely; peaceful but looking at each other as a rival,
cooperation/partnership or economic/military conflict and why?
When a new power rises is it inevitable that the existing power
will attempt to contain the new power’s rise or does
globalization change that thinking?
Over time, is it likely that one nation will gravitate towards the
other’s model and if so what would be the reasons for so
changing?