This course introduces students to the key components of public international law related to the protection of foreign investment, and considers the procedural means by which disputes about those protections are settled. Among the topics covered in the course include:
- policy rationales and legal frameworks for foreign investment
- policy challenges associated with the international regulation of investment
- historical background, including the liberalisation of foreign direct investment, the growth of international agreements related to foreign investment, and historic means of protection (including diplomatic protection and gunboat diplomacy)
- sources of international investment law
- the scope of an investor's right to arbitration under investment treaties and concession agreements
- standards of investment protection, including minimum standards of treatment under customary international law, and protection from expropriation and unfair and inequitable treatment
- investor-State dispute settlement, including arbitration and mediation
- procedural issues in investor-State dispute settlement, including selection of a forum and arbitrators, choice of law, parallel proceedings, and interaction with domestic and other international systems for dispute settlement
- State defences to investor claims
- remedies for breach of investment treaties
- the future of the international investment regime: challenges and opportunities
Learning Outcomes
Upon successful completion, students will have the knowledge and skills to:
- Critically analyse the historical and contemporary evolution of international investment law and arbitration.
- Evaluate the legal rules, policies and policy considerations underlying this field of law, including the political, economic, and legal issues involved in the regulation of foreign investment and the impact of this area of law in society.
- Synthesise and apply the substantive and procedural elements of international investment law and arbitration.
- Plan and execute legal research on issues relating to international investment law and arbitration, and present the research findings in written and oral form.
- Select, apply and evaluate a range of approaches to conduct legal analysis and develop appropriate solutions to complex legal problems.
Other Information
Classes may be offered in non-standard sessions and be taught on an intensive base with compulsory contact hours (a minimum of 36 hours). Please refer to the LLB timetable for dates. Please contact the ANU College of Law Student Administration Services to request a permission code to enrol in classes offered in non-standard sessions.
Indicative Assessment
- Class Presentation: 10 minutes of presentation followed by discussion (10) [LO 1,4,5]
- Research Essay: 1400 words, due at the end of Part 2 of the course (35) [LO 2,3,4,5]
- Written Advice, based upon a problem question: 2600 words, due at the end of the course (55) [LO 3,5]
The ANU uses Turnitin to enhance student citation and referencing techniques, and to assess assignment submissions as a component of the University's approach to managing Academic Integrity. While the use of Turnitin is not mandatory, the ANU highly recommends Turnitin is used by both teaching staff and students. For additional information regarding Turnitin please visit the ANU Online website.
Workload
Classes offered during semester periods are expected to have 3 contact hours per week (a minimum of 36 hours). Students are generally expected to devote at least 10 hours overall per week to this course.
Inherent Requirements
Not applicable
Requisite and Incompatibility
Prescribed Texts
E-brick will be provided through the ANU Library.Preliminary Reading
- Newcombe and Paradell, Law and Practice of Investment Treaties (Kluwer)- Dolzer and Schreuer, Principles of International Investment Law (OUP)
- McLachlan, Shore, Weiniger, International Investment Arbitration–Substantive Principles (OUP)
- Kenneth Vandevelde, Bilateral Investment Treaties: History, Policy and Interpretation (OUP)
Assumed Knowledge
The course will assume some familiarity with international law.Fees
Tuition fees are for the academic year indicated at the top of the page.
Commonwealth Support (CSP) Students
If you have been offered a Commonwealth supported place, your fees are set by the Australian Government for each course. At ANU 1 EFTSL is 48 units (normally 8 x 6-unit courses). More information about your student contribution amount for each course at Fees.
- Student Contribution Band:
- 34
- Unit value:
- 6 units
If you are a domestic graduate coursework student with a Domestic Tuition Fee (DTF) place or international student you will be required to pay course tuition fees (see below). Course tuition fees are indexed annually. Further information for domestic and international students about tuition and other fees can be found at Fees.
Where there is a unit range displayed for this course, not all unit options below may be available.
| Units | EFTSL |
|---|---|
| 6.00 | 0.12500 |
Course fees
- Domestic fee paying students
| Year | Fee |
|---|---|
| 2021 | $4170 |
- International fee paying students
| Year | Fee |
|---|---|
| 2021 | $5580 |
Offerings, Dates and Class Summary Links
ANU utilises MyTimetable to enable students to view the timetable for their enrolled courses, browse, then self-allocate to small teaching activities / tutorials so they can better plan their time. Find out more on the Timetable webpage.
