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
Upon successful completion, students will have the knowledge and skills to:Upon successful completion of this course, students will be able to:
1. Critically analyse the historical and contemporary evolution of international investment law and arbitration.
2. 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.
3. Synthesise and apply the substantive and procedural elements of international investment law and arbitration.
4. Plan and execute legal research on issues relating to international investment law and arbitration, and present the research findings in written and oral form.
5. Select, apply and evaluate a range of approaches to conduct legal analysis and develop appropriate solutions to complex legal problems.
Indicative AssessmentAssessment is likely to consist of:
• Class Presentation: 10 minutes of presentation followed by discussion (10%) [Learning Outcomes 1, 4 and 5]
• Research Essay: 1400 words, due at the end of Part 2 of the course (35%) [Learning Outcomes 2, 3, 4 and 5]• Written Advice, based upon a problem question: 2600 words, due at the end of the course (55%) [Learning Outcomes 3 and 5]
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Workload36 contact hours. In total, 120 hours will be required for the successful completion of this course.
Requisite and Incompatibility
Prescribed TextsE-brick will be provided through the ANU Library.
Preliminary ReadingTo be advised in the Course Study Guide.
• 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 KnowledgeThe course will assume some familiarity with international law.
Tuition fees are for the academic year indicated at the top of the page.
If you are a domestic graduate coursework or international student you will be required to pay tuition fees. Tuition fees are indexed annually. Further information for domestic and international students about tuition and other fees can be found at Fees.
- Student Contribution Band:
- Unit value:
- 6 units
If you are an undergraduate student and 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). You can find your student contribution amount for each course at Fees. Where there is a unit range displayed for this course, not all unit options below may be available.