International Investment Law Course

Course Level: Advanced

Course Objectives

·         Gain a thorough understanding of the fundamental concepts, principles, and theories related to international investment law.

·         Examine the various legal frameworks that govern international investments, including bilateral investment treaties (BITs), multilateral agreements, and regional investment agreements.

·         Explore the mechanisms and procedures for resolving disputes between investors and states, such as arbitration and other alternative dispute resolution methods.

·         Analyze how domestic policies impact foreign investments and vice versa.

·         Evaluate the economic, social, and political implications of international investment law. Assess how these legal frameworks influence government policies and investment strategies.

·         Examine the role of international investment law in promoting corporate social responsibility and sustainable development.

·         Analyze real-world case studies of investment disputes and outcomes. Understand the legal reasoning behind decisions and the practical implications for investors and states.

Course Outline

Module 1; Introduction to International Investment Law

·         Definition and scope of international investment law

·         Historical development and evolution

·         Key principles and concepts

International Investment Agreements (IIAs)

·         Bilateral Investment Treaties (BITs)

·         Multilateral Investment Treaties (MITs)

·         Other forms of investment agreements

Module 2; Investor-State Dispute Settlement (ISDS)

·         Overview of ISDS mechanisms

·         Arbitration and alternative dispute resolution

·         Criticisms and reform proposals

Substantive Protections for Investors

·         Fair and equitable treatment

·         National treatment and most-favoured-nation treatment

·         Expropriation and compensation

Module 3; Investment Promotion and Protection

·         Host state obligations to protect foreign investments

·         Promotion and facilitation of foreign investment

Regulation of Foreign Investment

·         Regulatory autonomy of states

·         Balancing investor rights and host state interests

·         Regulatory takings and legitimate expectations

Module 4; Corporate Social Responsibility (CSR) in International Investment

·         Environmental, social, and human rights considerations

·         Responsible investment practices

·         Impact of CSR on investment disputes

Module 5; Sustainable Development and International Investment

·         Integration of environmental and social concerns

·         Role of international investment law in sustainable development

·         Case studies on sustainable investment projects

Emerging Issues in International Investment Law

·         Digital economy and e-commerce

·         Climate change and investment law

·         Public health and investment

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