International Law of Foreign Investment (LAW-679-001)
This course examines the origins and application of international law on foreign investment, in particular legal principles established under customary international law, treaties and international arbitral awards. By focusing on the practical application of these principles in the resolution of cross-border investment disputes, it aims to provide not only an understanding of the competing sets of international legal norms which apply under international law, but seeks also to enhance the skills and knowledge base of the students to apply them in academic and practical settings. A substantive focus of the course will be on a State’s Responsibility for allegedly wrongful acts which adversely impact on such investments and investor. The students will have intensive exposure to the relevance of the UN International Law Commission’s (ILC) draft Articles on Diplomatic Protection (2005) and, most importantly, the ILC Draft Articles on State Responsibility (2001) as foundations to understanding the law applicable to investor/state disputes; the various defenses to State Responsibility; what are deemed internationally wrongful acts by States such as, expropriation, breaches of contractual obligations and treaty breaches and the standards of compensation in the event a State’s responsibility is proven. Relevant cases/awards from judicial fora are required to be reviewed for critical analysis. Students are encouraged constantly to think critically and analytically and to actively discuss and participate during the class sessions.
Students will be graded on a written take home exam based on a hypothetical dispute.
Textbooks and Other Materials
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First Class Readings
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