Note: This is an archived Handbook entry from 2016.
|Dates & Locations:|| |
This subject is not offered in 2016.
|Time Commitment:||Contact Hours: 36 hours of seminar classes delivered intensively, or as 12 weekly 3 hour seminars over a semester. |
Total Time Commitment:
Study Period Commencement:
November, Semester 2
|Recommended Background Knowledge:||None|
|Non Allowed Subjects:|| |
|Core Participation Requirements:||
The Melbourne Law School welcomes applications from students with disabilities. It is University and Law School policy to take all reasonable steps to enable the participation of students with disabilities, and reasonable adjustments will be made to enhance a student's participation in the School's programs.
The inherent academic requirements for the study in the Melbourne Law School are:
Students must possess behavioural and social attributes that enable them to participate in a complex learning environment. Students are required to take responsibility for their own participation and learning. They also contribute to the learning of other students in collaborative learning environments, demonstrating interpersonal skills and an understanding of the needs of other students. Assessment may include the outcomes of tasks completed in collaboration with other students.
Students who feel their disability will prevent them from participating in tasks involving these inherent academic requirements are encouraged to contact the Disability Liaison Unit: www.services.unimelb.edu.au/disability/.
International investment law regulates the entry and operation of foreign investment and is one of the fastest growing fields of public international law. Over the last decade, there has been exponential growth both in the formation of investment treaties and in the invocation of their unique systems of dispute settlement (against developed and developing states alike). This subject offers in-depth, targeted analysis of the various sources of investment law, their protections and the growing jurisprudence of investor-state arbitral tribunals.
The subject begins by tracing the historical, political and economic causes for the development of a plurality of international legal rules governing foreign investment across customary international law, bilateral and regional investment treaties. Students are continually exposed to a methodology and pedagogy that is both rigorously inter-disciplinary and draws on comparative insights. For instance, the subject will examine the unique elements of dispute resolution in this field (which confer standing on private (foreign) actors against states parties) in light of key institutional differences with other international legal systems (including the World Trade Organization and the International Court of Justice). Substantively, students will explore key cases in detail to critically evaluate the impact of investment law (such as guarantees of compensation in the event of expropriation of foreign assets) across a range of normative values. In particular, the subject will examine a broad set of controversies surrounding the impact of investment treaty disciplines on regulatory autonomy, environmental and health regulation, development strategies and the human rights of citizens in host states.
A student who has successfully completed this subject should have an advanced and integrated understanding of, and be able to critically analyse and reflect on:
|Breadth Options:|| |
This subject is not available as a breadth subject.
|Fees Information:||Subject EFTSL, Level, Discipline & Census Date|
On completion of the subject students should have developed and demonstrated specialised knowledge and skills in the following areas:
Juris Doctor |
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