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Internat Investment Law and Arbitration (LAWS70304)
Graduate coursework level 7Points: 12.5On Campus (Parkville)
About this subject
- Overview
- Eligibility and requirements
- Assessment
- Dates and times
- Further information
- Timetable(opens in new window)
Contact information
September
Lecturer
Professor Jürgen Kurtz, Coordinator
Email: law-masters@unimelb.edu.au
Phone: +61 3 8344 6190
Website: law.unimelb.edu.au
Overview
Availability(Quotas apply) | September |
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Fees | Look up fees |
International investment law regulates the entry and operation of foreign investment and is one of the fastest-growing fields of public international law. This subject begins by tracing the historical, political and economic causes for the protection of foreign investment across custom, bilateral and regional investment treaties. It then focuses on the unique system of dispute resolution in this field, which gives private (foreign) actors the right to pursue claims for damages against states. This subject explores a series of case studies to evaluate the impact of investment law across a range of core values, including public health, environmental regulation and the protection of human rights.
Principal topics 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 (WTO)
- 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 International Centre for Settlement of Investment Disputes (ICSID) Convention.
Intended learning outcomes
A student who has successfully completed this subject will:
- Have an advanced and integrated understanding of key areas of international investment law, including bilateral, regional and multilateral investment treaties
- Be able to critically examine, analyse, interpret and assess the effectiveness of these legal rules
- Be an engaged participant in debate regarding controversies surrounding the impact of international investment law and arbitration on various aspects of state sovereignty (including development strategies and the human rights of citizens in host states)
- Have a detailed understanding of the major forms of dispute settlement in the field (including the International Convention on the Settlement of Investment Disputes) and their similarities and differences with respect to commercial arbitration.
- Have the cognitive and technical skills to independently examine, research and analyse existing and emerging legal issues relating to international investment law
- Have the communication skills to clearly articulate and convey complex information regarding international investment law to relevant specialist and non-specialist audiences
- Be able to demonstrate autonomy, expert judgment and responsibility as a practitioner and learner in the field of international investment law.
Last updated: 3 November 2022
Eligibility and requirements
Prerequisites
None
Corequisites
None
Non-allowed subjects
None
Recommended background knowledge
Applicants without legal qualifications should note that subjects are offered in the discipline of law at an advanced graduate level. While every effort will be made to meet the needs of students trained in other fields, concessions will not be made in the general level of instruction or assessment. Most subjects assume the knowledge usually acquired in a degree in law (LLB, JD or equivalent). Applicants should note that admission to some subjects in the Melbourne Law Masters will be dependent upon the individual applicant’s educational background and professional experience.
Inherent requirements (core participation requirements)
The University of Melbourne is committed to providing students with reasonable adjustments to assessment and participation under the Disability Standards for Education (2005), and the Assessment and Results Policy (MPF1326). Students are expected to meet the core participation requirements for their course. These can be viewed under Entry and Participation Requirements for the course outlines in the Handbook.
Further details on how to seek academic adjustments can be found on the Student Equity and Disability Support website: http://services.unimelb.edu.au/student-equity/home
Last updated: 3 November 2022
Assessment
Additional details
- Take-home examination (5,000 - 6,000 words) (100%) (27 - 30 October)
or - 8,000 - 10,000 word research paper (100%) (13 December) on a topic approved by the subject coordinator
A minimum of 75% attendance is a hurdle requirement.
Last updated: 3 November 2022
Quotas apply to this subject
Dates & times
- September
Principal coordinator Jurgen Kurtz Mode of delivery On Campus (Parkville) Contact hours The total class time is between 24 and 26 hours. Total time commitment 150 hours Pre teaching start date 23 August 2017 Pre teaching requirements The pre-teaching period commences four weeks before the subject commencement date. From this time, students are expected to access and review the Reading Guide that will be available from the LMS subject page and the subject materials provided by the subject coordinator, which will be available from Melbourne Law School. Refer to the Reading Guide for confirmation of which resources need to be read and what other preparation is required before the teaching period commences. Teaching period 20 September 2017 to 26 September 2017 Last self-enrol date 28 February 2017 Census date 20 September 2017 Last date to withdraw without fail 3 November 2017 Assessment period ends 13 December 2017 September contact information
Lecturer
Professor Jürgen Kurtz, Coordinator
Email: law-masters@unimelb.edu.au
Phone: +61 3 8344 6190
Website: law.unimelb.edu.au
Time commitment details
136-150 hours The pre-teaching period commences four weeks before the subject commencement date. From this time, students are expected to access and review the Reading Guide that will be available from the LMS subject page and the subject materials provided by the subject coordinator, which will be available from Melbourne Law School. Refer to the Reading Guide for confirmation of which resources need to be read and what other preparation is required before the teaching period commences.
Additional delivery details
This subject has a quota of 30 students. Please refer to the Melbourne Law Masters website for further information about the management of subject quotas and waitlists.
Last updated: 3 November 2022
Further information
- Texts
Prescribed texts
There is a prescribed textbook for this subject along with specialist printed materials:
- Campbell McLachlan, Laurence Short and Matthew Weiniger, International Investment Arbitration: Substantive Principles (Oxford University Press, 2017).
Specialist printed materials will be made available free of charge from the Melbourne Law School prior to the pre-teaching period.
- Related Handbook entries
This subject contributes to the following:
- Links to additional information
law.unimelb.edu.au
- Available through the Community Access Program
About the Community Access Program (CAP)
This subject is available through the Community Access Program (also called Single Subject Studies) which allows you to enrol in single subjects offered by the University of Melbourne, without the commitment required to complete a whole degree.
Entry requirements including prerequisites may apply. Please refer to the CAP applications page for further information.
Additional information for this subject
If required, please contact law-admissions@unimelb.edu.au for subject coordinator approval.
Last updated: 3 November 2022