International Investment Law & Policy (LAW-795ZZ-001)
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This course will explore important concepts and issues in foreign and international law relating to international investment. International investment is an increasingly powerful force for economic growth and development throughout the world. While economic forces are the essential drivers of international investment, they are not the only factors that influence it. Legal rules and institutions also affect international investment flows. Law determines whether and how investments may be made in a particular country, the nature of the respective rights of investors and host country governments, the means by which governments and investors may adjust their legal relationships to changing circumstances, and the processes they may use to resolve their investment disputes. Lawyers therefore play key roles in the undertaking, management and protection of international investments. The law of international investment derives from three basic legal frameworks: (1) national laws, both of the host country and the investor’s home country; (2) contracts, whether between investors and host governments or among investors; and (3) international law, consisting of applicable treaties, customs, and general legal principles developed by states. These three legal frameworks form the basic structure for the course.
Textbooks and Other Materials
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JESWALD W. SALACUSE, THE THREE LAWS OF INTERNATIONAL INVESTMENT: NATIONAL, CONTRACTUAL, AND INTERNATIONAL FRAMEWORKS FOR FOREIGN CAPITAL (2013).
First Class Readings
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