sment 1: “Indeed, in current litigation practice, hardly any lawsuit based on an international investment treaty is filed these days without invocation of the relevant treaty clause requiring fair and equitable treatment.” Rudolf Dolzer. Discuss.Assessment info:•Assessment 1 (50% weight) will be a 2000-word research essay examining the legal concepts underpinning ITA. Public InternaEonal Law principles overlap somewhat uncomfortably with the commercial interests of foreign investors. Developments in investment arbitraEon
and trade dispute resoluEon have been rapid in recent years. Foreign investors are more willing to commence arbitraEon proceedings against a host State. Consequently, it is important that you understand the substanEve rights and treatment of investors as well as the ability to claim for expropriaEon and compensaEon. Students will be encouraged to reflect on the normaEve framework of internaEonal law relaEng to foreign direct investment. apply the rules, policies, principles and case law.Module Aims The legal environment for foreign investment has changed dramaEcally over the last ten years. Investment dispute resoluEon, in parEcular through internaEonal arbitraEon has become increasingly common. Foreign investors are much more willing to pursue a claim for alleged expropriaEon or discriminatory behaviour by a host State. This unit covers the key components of public internaEonal law relaEng to the protecEon and promoEon of foreign investment. Reference is made to relevant customary and convenEonal internaEonal law as well as relevant municipal law. This module is concerned with both the substanEve and the procedural aspects of the internaEonal law relaEng to Foreign Direct Investment (“FDI”). ParEcular emphasis will be paid to key instruments such as Bilateral Investment TreaEes (“BITs”) and Energy Charter TreaEes (“ECT”) as well as insEtuEons like InternaEonal Centre for the SeUlement of Investment Disputes (“ICSID”). The module also addresses the key legal obligaEons of the host State (Most Favoured NaEon, NaEonal Treatment, ExpropriaEon, Fair and Equitable Treatment, Transparency) as well as the legal obligaEons of the foreign investor.Intended Learning Outcomes:
By the end of the module, you should be able to: 1.Demonstrate in-depth knowledge and understanding of the legal regime regulaEng investment treaty arbitraEon, of its relaEonship with general Public InternaEonal Law, and of the way in which it addresses underlying economic and poliEcal consideraEons. 2.Evidence a systemaEc understanding of the theories and advanced scholarship associated within the field of InternaEonal investment law with a view to resolving investment disputes in a systemaEc, creaEve and rigorous manner to form sound judgements 3.CriEcally apply relevant internaEonal convenEons and/or instruments to a given scenario to produce a legally-sound assessment of the case. 4.CriEcally evaluate the core principles of internaEonal law, and internaEonal jurisprudence on foreign investment. 5.Apply methodologies that are useful for analysing issues arising in the field of internaEonal investment law, criEque them and where appropriate propose new hypotheses. 6.Demonstrate proficiency in an advanced set of skills of research, communicaEon and ability to interpret complex factual scenario