Internat Investment Law and Arbitration

Subject 732-717 (2009)

Note: This is an archived Handbook entry from 2009. Search for this in the current handbook

Credit Points:
Level: Graduate/Postgraduate
Dates & Locations:

This subject has the following teaching availabilities in 2009:

September, - Taught on campus.
Pre-teaching Period Start not applicable
Teaching Period not applicable
Assessment Period End not applicable
Last date to Self-Enrol not applicable
Census Date not applicable
Last date to Withdraw without fail not applicable


Timetable can be viewed here. For information about these dates, click here.
Time Commitment: Contact Hours: 24 - 26 contact hours per subject.
Total Time Commitment: The time commitment for this subject depends on the candidates background and experience.
Prerequisites: N.A.
Corequisites: N.A.
Recommended Background Knowledge: None
Non Allowed Subjects: None
Core Participation Requirements: N.A.

Coordinator

Mr Jurgen Kurtz
Subject Overview:

Objectives:

International investment law regulates the entry and operation of foreign investment and is one of the fastest growing fields of public international law. The last decade has seen exponential growth in the formation of investment treaties and the invocation of their unique forms of arbitral dispute settlement against developed and developing states alike. This subject offers a comprehensive analysis of the protections afforded under key investment treaties and their dispute settlement systems.

A student who has successfully completed this subject should:

  • Be familiar with key bilateral, regional and multilateral investment treaties
  • Be able to advise clients on the substantive rights afforded to them under these treaties (including protections against state discrimination and expropriation)
  • Understand the nature of investor-state arbitration as a form of dispute resolution at international law
  • Be familiar with the specialised forms of institutional arbitration in the field (including the International Convention on the Settlement of Investment Disputes) and their similarities and differences with respect to commercial arbitration
  • Have a critical understanding of current controversies surrounding the impact of investment treaty disciplines on regulatory autonomy, development strategies and the human rights of citizens in host states.

Syllabus:

Principal topics will include:

  • Nature, evolution and context of international investment law
  • Overview of bilateral investment treaties (BITs), the North American Free Trade Agreement (NAFTA), the Energy Charter Treaty and parts of the World Trade Organization
  • Scope of protection: Definition of ‘investor’ and ‘investment’
  • Relative obligations of non-discrimination: Most-favored-nation (MFN) and national treatment
  • Obligation to accord foreign investors ‘fair and equitable treatment’
  • Expropriation and the quantification of compensation
  • Contract claims versus treaty claims: The ‘umbrella’ clause
  • Arbitration under the ICSID Convention.
Assessment:
  • Take-home examination (100%) (20–23 November)

    or
     
  • Research paper 10,000 words (100%) (17 December) (topic approved by the subject coordinator)
Prescribed Texts: Core subject materials will be provided free of charge to all students. Some subjects require further texts to be purchased. Please visit the subject homepage on the Melbourne Law Masters website by following the link at the bottom of this subject entry.
Breadth Options:

This subject is not available as a breadth subject.
Fees Information: Subject EFTSL, Level, Discipline & Census Date
Generic Skills: Please see the Subject Objectives for this information.
Links to further information: 732-717Internat Investment Law and ArbitrationMelbourne Law Masters, postgraduate law, post-graduate law, graduate law2009P

Objectives:

International investment law regulates the entry and operation of foreign investment and is one of the fastest growing fields of public international law. The last decade has seen exponential growth in the formation of investment treaties and the invocation of their unique forms of arbitral dispute settlement against developed and developing states alike. This subject offers a comprehensive analysis of the protections afforded under key investment treaties and their dispute settlement systems.

A student who has successfully completed this subject should:

  • Be familiar with key bilateral, regional and multilateral investment treaties
  • Be able to advise clients on the substantive rights afforded to them under these treaties (including protections against state discrimination and expropriation)
  • Understand the nature of investor-state arbitration as a form of dispute resolution at international law
  • Be familiar with the specialised forms of institutional arbitration in the field (including the International Convention on the Settlement of Investment Disputes) and their similarities and differences with respect to commercial arbitration
  • Have a critical understanding of current controversies surrounding the impact of investment treaty disciplines on regulatory autonomy, development strategies and the human rights of citizens in host states.

Syllabus:

Principal topics will include:

  • Nature, evolution and context of international investment law
  • Overview of bilateral investment treaties (BITs), the North American Free Trade Agreement (NAFTA), the Energy Charter Treaty and parts of the World Trade Organization
  • Scope of protection: Definition of ‘investor’ and ‘investment’
  • Relative obligations of non-discrimination: Most-favored-nation (MFN) and national treatment
  • Obligation to accord foreign investors ‘fair and equitable treatment’
  • Expropriation and the quantification of compensation
  • Contract claims versus treaty claims: The ‘umbrella’ clause
  • Arbitration under the ICSID Convention.
  • Take-home examination (100%) (20–23 November)

    or
     
  • Research paper 10,000 words (100%) (17 December) (topic approved by the subject coordinator)
N.A. N.A.24 - 26 contact hours per subject.Core subject materials will be provided free of charge to all students. Some subjects require further texts to be purchased. Please visit the subject homepage on the Melbourne Law Masters website by following the link at the bottom of this subject entry.Please see the Subject Objectives for this information.The time commitment for this subject depends on the candidates background and experience.N.A.Please see the subject homepage on the Melbourne Law Masters website for up to date timetable information.Mr Jurgen KurtzLawLawNNNNParkvillePARKVILLEFor the latest information on this subject, please visit: http://www.masters.law.unimelb.edu.au/subject/732717732-7172September

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