Learning outcomes - JUS5851

Achievement requirements

Readinglist in Leganto

Knowledge

Students are expected to achieve knowledge of the following topics:

  • The history and development of international investment law.
  • Main sources, in particular the relationship between arbitral practice, customary law and treaty standards.
  • The key concepts and common characteristics of bilateral investment treaties, including in particular the concept of ‘investor’ and ‘investment’.
  • The mechanism of investor-state arbitration, including the parallel procedural regimes of the ICSID- and New York conventions, and the main requirements of jurisdiction and enforcement.
  • The main substantive standards, particularly the expropriation, fair and equitable treatment, national treatment and most favoured nation treatment, and their relationship to customary international law.
  • Regulatory exceptions and principles, such as the notions of police powers and the right to regulate.
  • The role and significance of general principles of state responsibility.
  • Effects of investor-state contracts, and comparable contractual or license/concession arrangements entered into by states directly with foreign investors, under international law.
  • Key legitimacy and policy issues, including responsibilities of foreign investors: the role of human rights, labour standards and environmental concerns;
  • Main procedural concerns and developments in the arbitral system.

Skills

  • Analyse and identify the relevant legal issues in complex factual matters concerning government treatment of foreign investors and investment
  • Be able to find the applicable source material, and identify and interpret the relevant substantive rules and principles, in a concrete dispute between a state and a foreign investor
  • Know the main risks and propose legal solutions in cases of planned investments of private companies in foreign countries
  • Be able to critically evaluate existing treaties, rules and practices for protection of foreign investment in the light of relevant concerns

 

General  competence

  • Be able to perform relevant legal work in law firms, companies, organizations and government institutions relating to foreign investment
  • Develop an understanding of the main interests and concerns relating to protection of foreign investors and investment under international law
  • Get an understanding of the dynamic development of a specific field of international law on the basis of relevant concerns and interests

 

Readinglist in Leganto

Published Nov. 26, 2020 6:11 PM - Last modified Nov. 30, 2020 5:04 PM