International Investment Law - JURD7479
Faculty: Faculty of Law
School: Faculty of Law
Course Outline: See below
Campus: Sydney
Career: Postgraduate
Units of Credit: 6
EFTSL: 0.12500 (more info)
Indicative Contact Hours per Week: 2
Enrolment Requirements:
Pre-requisite: 36 UOC of JURD courses for students enrolled prior to 2013. For students enrolled after 2013, pre-requisite: 72 UOC of JURD courses.
Excluded: LAWS8079
CSS Contribution Charge: 3 (more info)
Tuition Fee: See Tuition Fee Schedule
Further Information: See Class Timetable
View course information for previous years.
Description
The standards of treatment guaranteed to foreign investors in these treaties as well as under customary international law will be analysed. Equally, the protection against expropriation will merit special attention. The growing case-law of international arbitration tribunals will serve as a background to this analysis.
This course will not only address the issue of substantive standards. It will equally deal with the question of enforcing such standards through various forms of dispute settlement, ranging from domestic litigation, national as well as international insurance schemes to international investment arbitration before ICSID, NAFTA, UNCITRAL or other dispute settlement institutions.
Recommended Prior Knowledge
Course Objectives
- To assist students to develop an understanding of the issues involved in the regulation of trans-border investment
- To give them an advanced knowledge of international investment law and its relationship to national legal systems
- To develop an awareness of different methods of international investment law as compared to national law in such matters as textual interpretation and working with judicial decisions
- To assist students to recognise international investment law problems in their subsequent careers and to point them in the direction of ways of resolving them
Main Topics
- The sources of international investment law
- Investment agreements
- Expropriation
- Standards of treatment
- Responsibility of the host state and protection by the investor's home state
- Dispute settlement
- ICSID (The Convention on the Settlement of Investment Disputes)
Assessment
Class Participation 10%
Course Texts
Prescribed
R. Dolzer/Ch. Schreuer, Principles of International Law (OUP 2008).
- P. Muchlinski, Multinational Enterprises and the Law (Oxford University Press, 2nd ed., 2007).
- P. Muchlinski/ F. Ortino/ Ch. Schreuer (eds), The Oxford Handbook of International Investment Law (OUP 2008).
- A. Reinisch (ed), Standards of Investment Protection (OUP 2008).
- N. Rubins, N.S. Kinsella, International Investment, Political Risk and Dispute Resolution (Oceana Dobbs Ferry, New York 2005).
- Ch. Schreuer, The ICSID Convention: A Commentary (Cambridge University Press Cambridge 2001).
- M. Sornarajah, International Law on Foreign Investment (Cambridge University Press Cambridge 2004).
Resources
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