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• College of Social Sciences and International Studies

Postgraduate Module Descriptor

LAWM081: International Investment Law and Arbitration

This module descriptor refers to the 2017/8 academic year.

Module Content

Syllabus Plan

Although the module’s precise content may vary, it is anticipated that the following topics will be covered:

• Introduction to international investment law and policy and to international investment out-of-court disputes

• The historical treatment of aliens in international law

• Regulatory / legal framework &Institutional background in relation to international arbitration for investment disputes

• Principles of investment dispute resolution.

• ICSID Disputes (- Jurisdiction: ‘investment’ and ‘investors’, applicable law -  Substantive protections: non-discrimination; expropriation; fair and equitable treatment; denial of justice and the ‘effective means’ clause – Procedure - Reservations and exceptions, - Remedies: compensation, valuation techniques and non-monetary remedies, - Awards)

• Bilateral Investment Treaties (BITs)

• Case studies

• Current developments and proposals for systemic reform

Learning and Teaching

This table provides an overview of how your hours of study for this module are allocated:

...and this table provides a more detailed breakdown of the hours allocated to various study activities:

Online Resources

This module has online resources available via ELE (the Exeter Learning Environment).

ICSID website https://icsid.worldbank.org/apps/ICSIDWEB/Pages/default.aspx

UNCTAD Inter-treaty database http://unctad.org/en/Pages/DIAE/FDI%20Statistics/Interactive-database.aspx

Investment Treaty Arbitration website: www.italaw.com (database of publicly-available investment treaty arbitral awards)

Investment Arbitration Reporter http://www.iareporter.com/

Other Learning Resources

CAMPBELL  MCLAHJAN, LAWRENCE SHORE, MATHEW WEINIGER, International Investment Arbitration, Substantive Principles (OUP 2008)

CHRISTOPHER DUGAN, DON WALLACE, JR., NOAH RUBINS, & BORZU SABAHI, Investor-State Arbitration (OUP 2008)

ZACHARY DOUGLAS, The International Law of Investment Claims (Cambridge UP 2009)

NORAH GALLAGHER AND WENHUA SHAN, Chinese Bilateral Investment Treaties. Policies and Practice (Oxford 2009)

JULIAN D M LEW, LOUKAS A MISTELIS, STEFAN M KRÖLL, Comparative International Commercial Arbitration (Kluwer, 2003)

J MERRILLS, International Dispute Settlement (Cambridge UP, 4th ed, 2005) – another good text for a part of the course

PETER MUCHLINSKI FEDERICO ORTINO & CHRISTOPH SCHREUER (EDS), Oxford Handbook of International Investment Law (Oxford 2008) – a comprehensive coverage

ANDREW NEWCOMBE AND LLUIS PARADELL, Law and Practice of Investment Treaties. Standards of Treatment (Kluwer 2009)

D PALMETER & P C MAVROIDIS, Dispute Settlement in the World Trade Organization – Practice and Procedure (2nd edition 2003)

AUGUST REINISCH (Ed), Standards of Investment Protection (Oxford 2008)

NOAH RUBINS AND STEPHEN KINSELLA, International Investment, Political Risk and Dispute Resolution: A Practitioner’s Guide (OUP 2005)

MONIQUE SASSON, Substantive Law in Investment Treaty Arbitration. The Unsettled Relationship between International Law and Municipal Law, Kluwer Law International, 2010

CHRISTOPH SCHREUER WITH LORETTA MALINTOPPI, AUGUST REINISCH, ANTHONY SINCLAIR, The ICSID Convention: A Commentary (Cambridge UP and ICSID, 2nd edition 2009)

M SORNARAJAH, The International Law on Foreign Investment, (Cambridge UP, 2nd ed, 2004)

PETER VAN DEN BOSSCHE, The Law and Policy of the World Trade Organization: Text, Cases and Materials (Cambridge 2008)

KATIA YANNACA-SMALL (Ed), Arbitration Under International Investment Agreements - A Guide to the Key Issues (OUP 2010)

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.

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.

...and this table provides further details on the summative assessments for this module.

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.

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