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:

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.

Research-Led Teaching

Esmé researches public international law, international dispute settlement, and international investment arbitration. For further details of Esmé's research and teaching interests, see: https://law.anu.edu.au/people/esme-shirlow

Required Resources

A reading list and electronic resources will be provided through the Wattle site.

Staff Feedback

Students will be given feedback in the following forms in this course:

• written comments
• verbal comments

Student Feedback

ANU is committed to the demonstration of educational excellence and regularly seeks feedback from students. Students are encouraged to offer feedback directly to their Course Convener or through their College and Course representatives (if applicable). Feedback can also be provided to Course Conveners and teachers via the Student Experience of Learning & Teaching (SELT) feedback program. SELT surveys are confidential and also provide the Colleges and ANU Executive with opportunities to recognise excellent teaching, and opportunities for improvement.

Other Information

Task submission times refer to Canberra time (AEST/AEDT).

Extensions, late submission and penalties: https://law.anu.edu.au/current-students/policies-procedures/extensions-late-submission-and-penalties

Extenuating circumstances: https://www.anu.edu.au/students/program-administration/assessments-exams/extenuating-circumstances-application

Deferred examination: http://www.anu.edu.au/students/program-administration/assessments-exams/deferred-examinations

Penalties for excess word length: https://law.anu.edu.au/current-students/policies-procedures/word-length-and-excess-word-penalties

Distribution of grades policy: https://law.anu.edu.au/current-students/policies-procedures/grading

Further information about the course: is available from the course Wattle page. Students are required to access the Wattle site regularly throughout the course for any announcements relating to the course.

Artificial Intelligence (AI)

The ANU Academic Integrity website provides information about services available to assist students with their assignments, examinations and other learning activities, as well as providing clear guidance on the responsible and ethical use of AI technologies.

The following resources may also be useful:

• The ANU Library's Libguide is a valuable resource for gaining a comprehensive understanding of AI's role in academia.

• The ANU Academic Skills site provides useful information to ensure that you leverage AI responsibly and effectively.

• The ANU College of Law Academic Integrity and Misconduct site provides content related to legal implications, ethical guidelines, and considerations when dealing with AI in the context of law.

Class Schedule

Week/Session	Summary of Activities	Assessment
1	Introduction to international investment law and investor-State arbitration
2	Standards of investment protection
3	State responses to investment claims
4	Remedies and Enforcement
5	Reform and the future of international investment law and arbitration

Tutorial Registration

There are no tutorials for this course.

Assessment Summary

Assessment task	Value	Due Date	Return of assessment	Learning Outcomes
Class Participation	10 %	*	23/01/2024	1,2,3,4,5
Assessment Task 2: Option 1 - Written Analysis	25 %	15/01/2024	23/01/2024	2,3,4,5
Assessment Task 2: Option 2 - Oral Presentation	25 %	*	31/01/2024	1,2,3,5
Reflective and Responsive Forum Contribution	15 %	22/01/2024	31/01/2024	1,2,3,4,5
Report on Investment Treaty Law and Arbitration Reform	50 %	05/02/2024	16/02/2024	1,2,3,4,5

* If the Due Date and Return of Assessment date are blank, see the Assessment Tab for specific Assessment Task details

Policies

ANU has educational policies, procedures and guidelines , which are designed to ensure that staff and students are aware of the University’s academic standards, and implement them. Students are expected to have read the Academic Integrity Rule before the commencement of their course. Other key policies and guidelines include:

• Academic Integrity Policy and Procedure
• Student Assessment (Coursework) Policy and Procedure
• Extenuating Circumstances Application
• Student Surveys and Evaluations
• Deferred Examinations
• Student Complaint Resolution Policy and Procedure
• Code of practice for teaching and learning

Assessment Requirements

The ANU is using 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. For additional information regarding Turnitin please visit the Academic Skills website. In rare cases where online submission using Turnitin software is not technically possible; or where not using Turnitin software has been justified by the Course Convener and approved by the Associate Dean (Education) on the basis of the teaching model being employed; students shall submit assessment online via ‘Wattle’ outside of Turnitin, or failing that in hard copy, or through a combination of submission methods as approved by the Associate Dean (Education). The submission method is detailed below.

Moderation of Assessment

Marks that are allocated during Semester are to be considered provisional until formalised by the College examiners meeting at the end of each Semester. If appropriate, some moderation of marks might be applied prior to final results being released.

Participation

For all courses taught in any mode (whether face to face or online), the ANU College of Law considers participation in the classes offered to be an important part of the educational experience of the program. Students are expected to attend all classes.

In line with the University’s recording policy, lectures, seminars and lectorials will be recorded and made available for students on Echo360. However, lecture recordings are only an additional resource and they should not be taken as a substitute for regular attendance. If a recording does fail, there is no guarantee a replacement recording will be provided.

Examination(s)

There is no final examination for this course.

Assessment Task 1

Class Participation

Classes will offer an invaluable opportunity to consolidate your knowledge of the course materials and prepare for the course assessments. Class participation will focus on your preparation for class, your capacity to communicate your knowledge and understanding of the rules and concepts covered in the course, and your contributions to group learning.

Due Date: Your participation in seminars will be continuously assessed over the intensive teaching period.

Weighting: 10%

Estimated Return Date: 23 January 2024.

Assessment Task 2

Assessment Task 2: Option 1 - Written Analysis

Details of Task: Students who select this assessment option will be required to select two prompts (out of a list of 3 prompts), to which they will respond with a short analytical response on a topical issue of international investment law related to the topics covered on Days 1 and 2 of the course. This task will assess students' ability to engage with the readings and relevant research critically and reflectively, to develop confidence in engaging with and analysing the course topics, and to formulate and defend an argument that addresses core issues related to international investment law and arbitration.

Nature of Task: Optional and non-redeemable (selecting this option means that you should not do Option 2 - Oral Presentation). Failure to complete one of these options will result in a mark of zero for this task.

Weighting: 25%.

Word Limit: 750 words per prompt (total 1,500 words) inclusive of footnotes in AGLC/OSCOLA format. Footnotes should be used for referencing of sources. All references should be in the style required by the current edition of the Australian Guide to Legal Citation or the Oxford University Standard for the Citation of Legal Authorities (OSCOLA). The ANU College of Law's Word Length and Excess Word penalties policy can be found here. Your submission must be made in a word processing file format (.doc, .docx). PDF files will not be accepted. A bibliography (which does not count towards the word count) must be included in your file.

Release Date: 5pm, Wednesday 3 January 2024 via Wattle.

Due Date: 5pm, Monday 15 January 2024 via Wattle. Late submissions (without an extension) are permitted, but late penalties will apply. 

Estimated Return Date: Tuesday 23 January 2024.

Assessment Criteria:

• Understanding of relevant law and legal policy
• Critical and analytical response to the topic
• Structure and organisation of ideas
• References to, and engagement with, relevant primary legal and secondary scholarly sources
• Written expression, including use of legal terminology, proof-reading, grammar, and punctuation

Assessment Task 3

Assessment Task 2: Option 2 - Oral Presentation

Details of Task: Students who select this assessment option will select one topic from a provided list to deliver an oral presentation on Days 3-5 of the course (depending on the topic selected by the student). In addition to delivering an oral presentation, the student must hand in a 800-900 word outline of their presentation on the day that they deliver it. This task will assess students' ability to engage with the readings and relevant research critically and reflectively, to develop confidence in engaging with and analysing the course topics, and to formulate and defend an argument that addresses core issues related to international investment law and arbitration.

Nature of Task: Optional and non-redeemable (selecting this option means that you should not do Option 1 - Written Analysis). Failure to complete one of these options will result in a mark of zero for this task.

Release Date: Topics for oral presentations will be available for sign-up from 20 December 2023, and will close after the first day of class on 3 January 2024.

Due Date: Oral presentations will be delivered during the seminars on Days 3-5 of the course (according to the topic selected). Due to the nature of the task, late presentations (without an extension) are not permitted.

Estimated Return Date: Wednesday 31 January 2024 via Wattle.

Weighting: 25%

Length: 10 minutes, followed by class discussion.

Assessment Criteria:

• Understanding of relevant law and legal policy
• Critical and analytical response to the topic
• Structure and organisation of ideas
• Oral expression and communication skills, including use of appropriate legal terminology

Assessment Task 4

Reflective and Responsive Forum Contribution

Details of Task: Following the intensive teaching period, students will be required to post a short (up to 600 words) reflective post on a specially-created Wattle forum in which they will respond to a prompt to reflect on the course, and will also make a short (up to 300 word) post responding to a classmate's reflective post. This assessment is designed to provide students with an opportunity to consolidate what they learned during the course as a whole and to think about the future of the field of international investment law.

Nature of Task: Compulsory and non-redeemable. Failure to complete will result in a mark of zero for this task.

Weighting: 15%

Word Limit: The reflective post should be no longer than 600 words, with the responsive post up to 300 words. No bibliography is required for primary or secondary sources, but brief in-text references are required that are sufficient to identify the source (and the location of quotes, where these are used). References will count towards the word count. The ANU College of Law's Word Length and Excess Word penalties policy can be found here.

Release: 5pm, Wednesday 17 January 2024 via Wattle.

Due Date: 5pm, Monday 22 January 2024. Due to the nature of this task, late submissions (without an extension) are not permitted. 

Estimated Return Date: Wednesday 31 January 2024.

Assessment Criteria:

• Reflective response to the topic
• References to, and engagement with, relevant course materials or activities
• Structure and organisation of ideas
• Written expression, including use of legal terminology, proof-reading, grammar and punctuation

Assessment Task 5

Report on Investment Treaty Law and Arbitration Reform

Details of Task: Students will be required to select from a list of topics or to develop their own topic for this project. They will be required to prepare a report to a client (eg a State, NGO) advising on the selected issue of international investment law reform. Students will be given specific instructions which will detail the sections and topics that must be addressed in their report; each section will be allocated a certain number of total marks, indicating the approximate expected length for the different components of the report. This task will assess students' ability to engage with the readings critically and reflectively and to contextualise the course content by reference to ongoing reform efforts. It will provide students with an opportunity to plan and execute legal research and to present their findings in written form.

Nature of Task: Compulsory and non-redeemable. Failure to complete will result in a mark of zero for this task.

Weighting: 50%

Word Limit: 3,000 words (inclusive of footnotes in AGLC/OSCOLA format). Footnotes should be used for referencing of sources. All references should be in the style required by the current edition of the Australian Guide to Legal Citation. The ANU College of Law's Word Length and Excess Word penalties policy can be found here.

Release Date: Wednesday 17 January 2024 via Wattle.

Due Date: 5pm, Monday 5 February 2024 via Wattle. Late submissions (without an extension) are permitted, but late penalties will apply. 

Estimated Return Date: Friday 16 February 2024.

Assessment Criteria:

• Understanding of relevant law and legal policy
• Critical and analytical response to the topic
• Structure and organisation of ideas
• References to, and engagement with, relevant primary legal and secondary scholarly sources
• Written expression, including use of legal terminology, proof-reading, grammar, and punctuation

Academic Integrity

Academic integrity is a core part of the ANU culture as a community of scholars. The University’s students are an integral part of that community. The academic integrity principle commits all students to engage in academic work in ways that are consistent with, and actively support, academic integrity, and to uphold this commitment by behaving honestly, responsibly and ethically, and with respect and fairness, in scholarly practice.

The University expects all staff and students to be familiar with the academic integrity principle, the Academic Integrity Rule 2021, the Policy: Student Academic Integrity and Procedure: Student Academic Integrity, and to uphold high standards of academic integrity to ensure the quality and value of our qualifications.

The Academic Integrity Rule 2021 is a legal document that the University uses to promote academic integrity, and manage breaches of the academic integrity principle. The Policy and Procedure support the Rule by outlining overarching principles, responsibilities and processes. The Academic Integrity Rule 2021 commences on 1 December 2021 and applies to courses commencing on or after that date, as well as to research conduct occurring on or after that date. Prior to this, the Academic Misconduct Rule 2015 applies.

 

The University commits to assisting all students to understand how to engage in academic work in ways that are consistent with, and actively support academic integrity. All coursework students must complete the online Academic Integrity Module (Epigeum), and Higher Degree Research (HDR) students are required to complete research integrity training. The Academic Integrity website provides information about services available to assist students with their assignments, examinations and other learning activities, as well as understanding and upholding academic integrity.

Online Submission

You will be required to electronically sign a declaration as part of the submission of your assignment. Please keep a copy of the assignment for your records. You must ensure that you upload the correct document on the specified submission due date and time. Any document modified after the due date and time will either incur a late penalty or will NOT be accepted. Unless an exemption has been approved by the Associate Dean (Education), submission must be through Turnitin in a word processing file format (.doc, .docx). Electronic copies in .pdf file format are not acceptable.

Hardcopy Submission

For some forms of assessment (hand written assignments, art works, laboratory notes, etc.) hard copy submission is appropriate when approved by the Associate Dean (Education). Hard copy submissions must utilise the Assignment Cover Sheet. Please keep a copy of tasks completed for your records.

Late Submission

Individual assessment tasks may or may not allow for late submission. Policy regarding late submission is detailed below:

• Late submission not permitted. If submission of assessment tasks without an extension after the due date is not permitted, a mark of 0 will be awarded.
• Late submission permitted. Late submission of assessment tasks without an extension are penalised at the rate of 5% of the possible marks available per working day or part thereof. Late submission of assessment tasks is not accepted after 10 working days after the due date, or on or after the date specified in the course outline for the return of the assessment item.
• Late submission is not accepted for tests or examinations.
• Late submission with an extension. To ensure equity for all students, the 5% penalty per working day for late submission of work does not apply if you have been granted an extension. Where an extension is granted, the revised due date and submission time will be provided in writing. Importantly, any revised due date is inclusive of weekends and public holidays. Regardless of which day of the week the revised due date falls on, students who submit after that date will be penalised by 5% of the possible marks available for the task per 24-hour period.

Referencing Requirements

The Academic Skills website has information to assist you with your writing and assessments. The website includes information about Academic Integrity including referencing requirements for different disciplines. There is also information on Plagiarism and different ways to use source material.

Returning Assignments

All marks and feedback will be provided online by the return date listed in the class summary.

Extensions and Penalties

Extensions and late submission of assessment pieces are covered by the Student Assessment (Coursework) Policy and Procedure. Extensions may be granted for assessment pieces that are not examinations or take-home examinations. If you need an extension, you must request an extension in writing on or before the due date. If you have documented and appropriate medical evidence that demonstrates you were not able to request an extension on or before the due date, you may be able to request it after the due date.

Resubmission of Assignments

Resubmission is not guaranteed. Please ensure that you have reviewed your submission carefully before you submit.

Privacy Notice

The ANU has made a number of third party, online, databases available for students to use. Use of each online database is conditional on student end users first agreeing to the database licensor’s terms of service and/or privacy policy. Students should read these carefully. In some cases student end users will be required to register an account with the database licensor and submit personal information, including their: first name; last name; ANU email address; and other information.
In cases where student end users are asked to submit ‘content’ to a database, such as an assignment or short answers, the database licensor may only use the student’s ‘content’ in accordance with the terms of service – including any (copyright) licence the student grants to the database licensor. Any personal information or content a student submits may be stored by the licensor, potentially offshore, and will be used to process the database service in accordance with the licensors terms of service and/or privacy policy.
If any student chooses not to agree to the database licensor’s terms of service or privacy policy, the student will not be able to access and use the database. In these circumstances students should contact their lecturer to enquire about alternative arrangements that are available.

Distribution of grades policy

Academic Quality Assurance Committee monitors the performance of students, including attrition, further study and employment rates and grade distribution, and College reports on quality assurance processes for assessment activities, including alignment with national and international disciplinary and interdisciplinary standards, as well as qualification type learning outcomes.

Since first semester 1994, ANU uses a grading scale for all courses. This grading scale is used by all academic areas of the University.

Support for students

The University offers students support through several different services. You may contact the services listed below directly or seek advice from your Course Convener, Student Administrators, or your College and Course representatives (if applicable).

• ANU Health, safety & wellbeing for medical services, counselling, mental health and spiritual support
• ANU Access and inclusion for students with a disability or ongoing or chronic illness
• ANU Dean of Students for confidential, impartial advice and help to resolve problems between students and the academic or administrative areas of the University
• ANU Academic Skills and Learning Centre supports you make your own decisions about how you learn and manage your workload.
• ANU Counselling Centre promotes, supports and enhances mental health and wellbeing within the University student community.
• ANUSA supports and represents all ANU students