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. |
Module Content
Syllabus Plan
Although the module’s precise content may vary, it is anticipated that the following topics will be covered:
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Introduction to international investment law and policy and to international investment out-of-court disputes
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The historical treatment of aliens in international law
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Regulatory / legal framework &Institutional background in relation to international arbitration for investment disputes
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Principles of investment dispute resolution.
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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)
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Bilateral Investment Treaties (BITs)
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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:
Scheduled Learning and Teaching Activities | Guided independent study | Placement / study abroad |
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30 | 270 | 0 |
...and this table provides a more detailed breakdown of the hours allocated to various study activities:
Category | Hours of study time | Description |
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Scheduled Learning and Teaching Activities | 30 | 10 x 3 hour seminars involving lectures with discussion activities, individual and group presentations |
Guided independent study | 113 | Individual research, reading and seminar preparation |
Guided independent study | 63 | Assessment preparation (presentation) |
Guided independent study | 94 | Assessment preparation (essay and case study) |
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.
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 |
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 |