The Dubai P&O ports deal -- and the possibility that a Middle Eastern nation could have control over some U.S. ports -- was one of several major M&A projects that triggered concerns over national security and strategic interests during 2005.Without contesting sovereign nations' right to regulate, there is a risk that regulatory action may sometimes exceed what is needed to safeguard essential interests, and be motivated by protectionist motives.

The principal challenge for governments "is to find ways of safeguarding essential interests, while at the same time keeping their investment regimes transparent and non-discriminatory.