Syllabus/achievement requirements

 

Achievement requirements

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

 

Literature

The following constitutes the required reading for the course. In addition a course schedule will also be published, containing recommended additional reading and case law in respect of each lecture.

Book

Krista Nadakavukaren Schefer, International Investment Law: Text, Cases and Materials (2nd edn. 2016) (a new 3rd edition is expected in 2020), except sections 2.1-2.2 and chapter 7

572 pages

Published Nov. 20, 2019 3:55 PM - Last modified Nov. 20, 2019 3:55 PM