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
Learning Outcomes
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.
Indicative Assessment
- 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]
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 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.
- Classes offered during semester periods are expected to have three contact hours per week.
Click here for the LLM Masters Program course list
Inherent Requirements
Not applicable
Requisite and Incompatibility
Prescribed Texts
Students must rely on the approved Class Summary which will be posted to the Programs and Courses site approximately two weeks prior to the commencement of the course. Alternatively, this information will be published in the Program course list when known.
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 |
|---|---|
| 2022 | $4740 |
- International fee paying students
| Year | Fee |
|---|---|
| 2022 | $6000 |
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.
Class summaries, if available, can be accessed by clicking on the View link for the relevant class number.
Summer Session
| Class number | Class start date | Last day to enrol | Census date | Class end date | Mode Of Delivery | Class Summary |
|---|---|---|---|---|---|---|
| 1563 | 05 Jan 2023 | 20 Jan 2023 | 20 Jan 2023 | 24 Feb 2023 | Online | View |
