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
• 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
• standards of investment protection, including the minimum standard of treatment under customary international law, protection from expropriation, and protection from unfair and inequitable treatment
• investor-State dispute settlement, including arbitration and mediation
• 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:
- Evaluate 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.
- Integrate 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
- Select, apply and evaluate a range of approaches to conduct legal analysis and develop appropriate solutions to complex legal problems.
- Oral Presentation: 10 minutes of presentation followed by discussion and feedback. (10) [LO 1,4,5]
- Reflective Exercise and Constructive Feedback: 500 words (Students will give and reflect on peer feedback received after their oral presentations in a short reflective exercise submitted with their research essay.) (10) [LO 2,3,4,5]
- Research Essay: 2000 words, due mid-way through the course (40) [LO 2,3,4,5]
- Written Advice, 2000 words, based on a problem question, due at the end of the course (40) [LO 2,3,4,5]
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Classes offered during semester periods are expected to have 3 contact hours per week.
Classes offered in non-standard sessions will be taught on an intensive base with compulsory contact hours (approximately 26 hours of face to face teaching). The course will also require advanced preparation through assigned readings. In total, it is anticipated that the hours required for completion of this course (class preparation, teaching and completion of assessment) will not exceed 120 hours.
Click here for the LLM Masters Program timetable.
Requisite and Incompatibility
There will be no prescribed text for the course. Reading lists will be prepared for each of the topics and made available either through Wattle or in the form of an e-brick through the ANU Library.
• 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)
The 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.
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.
Offerings, Dates and Class Summary Links
Class summaries, if available, can be accessed by clicking on the View link for the relevant class number.