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Intl Law of Foreign Invstmnt (LAW-679-001)
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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 govern dispute settlement, but also the skills necessary to negotiate and avoid such disputes. A substantive focus of the course will be on a State's responsibility for allegedly wrongful acts which adversely impact on such investments. The students will have intensive exposure to the relevance of draft Articles on Diplomatic Protection (2005) and the Draft Articles on State Responsibility (2001) as foundations to understanding the law applicable to investment 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. Students are encouraged constantly to think critically and analytically and to actively discuss and participate during the class sessions.
Textbooks and Other Materials
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First Class Readings
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