Module LAWM081 for 2017/8
- Overview
- Aims and Learning Outcomes
- Module Content
- Indicative Reading List
- Assessment
Postgraduate Module Descriptor
LAWM081: International Investment Law and Arbitration
This module descriptor refers to the 2017/8 academic year.
Module Aims
This module aims to provide you with :
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Essential knowledge of the connection of public international law and international investment disputes and of the relevant public international law principles.
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Essential knowledge of the key international treaties that protect investments (i.e. bilateral, regional, multilateral investment treaties, Free Trade Agreements – FTAs);
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Essential knowledge of the investment treaties substantive and procedural protections;
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Skills and knowledge needed to advise clients on the substantive rights afforded to them both under the investor host state contract and the bilateral and multilateral investment treaties (including protections against state discrimination and expropriation);
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An understanding of the unique nature of investor-state arbitration as a form of dispute resolution in international law;
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Essential knowledge of the specialised forms of institutional arbitration in the field, and their similarities and differences to commercial arbitration, in particular examination of international arbitration under the ICSID.
- A critical understanding, enriched by discussion of contemporary research, of current controversies surrounding the impact of investment treaty disciplines on regulatory autonomy, development strategies and the human rights of citizens in host states.
On successfully completing the programme you will be able to: | |
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Module-Specific Skills | 1. Demonstrate deep and systematic knowledge and understanding of international investment law, and an extensive range of major concepts, values and principles relevant to the field; in doing so also highlight the changing legal regime in international investment arbitrations 2. Demonstrate deep and systematic knowledge, in particular, of the jurisdictional requirements for bringing a claim under a typical investment treaty, the means of dispute resolution available to foreign investors in investment disputes, the substantive protections available to foreign investors protected by an investment treaty, the likely remedies awarded for a successful claim, and the different methods of determining the amount of compensation due 3. Undertake complex critical evaluation of the main legal rules, institutions and procedures relevant to international investment law, using specialist literature and current research; 4. Identify, explain and evaluate key criticisms of investment arbitration and proposals for reform, applying relevant rules and theories systematically; |
Discipline-Specific Skills | 5. Integrate and assess complex information from primary and secondary legal sources and advanced legal scholarship comprehensively, using appropriate interpretative techniques; 6. Select, integrate, evaluate and present relevant law and complex legal/theoretical arguments, clearly, autonomously and competently, orally and in writing; |
Personal and Key Skills | 7. Communicate and engage in debate effectively, confidently and autonomously, orally and in writing, in a manner appropriate to an international legal audience; and 8. Demonstrate confident, independent and comprehensive learning ability required for continuing professional development, managing own requirements and contributing to the learning of others. |
How this Module is Assessed
In the tables below, you will see reference to 'ILO's. An ILO is an Intended Learning Outcome - see Aims and Learning Outcomes for details of the ILOs for this module.
Formative Assessment
A formative assessment is designed to give you feedback on your understanding of the module content but it will not count towards your mark for the module.
Form of assessment | Size of the assessment (eg length / duration) | ILOs assessed | Feedback method |
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Essay | 2000 words | 1-8 | Written/Oral |
Presentations | 10-20 minutes | 1-8 | Oral |
Case Studies | 500 words | 1-8 | Oral discussion and comments |
Summative Assessment
A summative assessment counts towards your mark for the module. The table below tells you what percentage of your mark will come from which type of assessment.
Coursework | Written exams | Practical exams |
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100 | 0 | 0 |
...and this table provides further details on the summative assessments for this module.
Form of assessment | % of credit | Size of the assessment (eg length / duration) | ILOs assessed | Feedback method |
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Essay | 80 | 7500 words | 1-8 | Written/Oral |
Small group presentations on previously assigned topics. | 20 | 15 minutes for each group presentation | 1-8 | Written/Oral |
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0 | ||||
0 | ||||
0 | ||||
0 |
Re-assessment
Re-assessment takes place when the summative assessment has not been completed by the original deadline, and the student has been allowed to refer or defer it to a later date (this only happens following certain criteria and is always subject to exam board approval). For obvious reasons, re-assessments cannot be the same as the original assessment and so these alternatives are set. In cases where the form of assessment is the same, the content will nevertheless be different.
Original form of assessment | Form of re-assessment | ILOs re-assessed | Timescale for re-assessment |
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Essay | Essay | 1-8 | August/September re-assessment period |
Presentation | Individual presentation | 1-8 | August/September reassessment period |