International Investment Law and Regulation
This course deals with international investment law. The first part of this course explores the substantive aspects of international investment law and, more particularly, the various protective standards contained in customary and treaty law including (1) the prohibition of unlawful expropriations; (2) fair and equitable treatment; (3) full security and protection; (4) MFN and national treatment; and (5) the prohibition of arbitrary and discriminatory measures. The second part of this course examines jurisdictional and procedural aspects of international investment law and focuses on the particular regime established under the ICSID Convention. It addresses the various requirements for ICSID jurisdiction (consent; concept of investment, nationality of investor etc.) and discusses the possible jurisdictional impact of forum-selection and MFN clauses. It also discusses selected procedural issues, as well as the rules governing challenge, review, and enforcement of ICSID arbitration awards.
- Familiarity with the legal framework governing international investments
- In-depth knowledge of the scope and extent of foreign investment protection
- Awareness of possible venues for international investment disputes
- In-depth knowledge of basic aspects of investment arbitration, including jurisdictional requirements; procedure; and challenge and enforcement of awards
- Understanding of recent trends and current challenges of international investment law.
The overall grade for this course is based on a final examination (50%), a mid-term take-home paper (30%), and class participation (20%). The final examination consists of a 3-hour open-book exam containing at least one problem question and one essay question. Details regarding the take-home paper will be provided during the first classroom meeting or by email prior to the commencement of classes.