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International Investment Law (LAWS50091)

Graduate coursework level 5Points: 12.5Not available in 2018

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Overview

Year of offerNot available in 2018
Subject levelGraduate coursework Level 5
Subject codeLAWS50091
FeesSubject EFTSL, Level, Discipline & Census Date

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.

Intended learning outcomes

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:

  • The plurality of sources of international investment law including custom and key bilateral, regional and multilateral investment treaties;
  • The substantive rights afforded to foreign investors under these sources (including protections against state discrimination) and how those rights respond to a variety of complex factual matrices;
  • The unique systemic characteristics of investor-state arbitration in light of comparison with other key structures for dispute resolution at international law (including the World Trade Organization and the International Court of Justice);
  • The complexity of current 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; and
  • The practical, institutional and theoretical arguments for and against different reform proposals to realign the interests of foreign investors with home and host states.

Generic skills

On completion of the subject students should have developed and demonstrated specialised knowledge and skills in the following areas:

  • Mastery of theoretical knowledge and demonstrated ability to critically reflect on the theory, historical development and professional practice of international investment law;
  • Cognitive, technical and creative skills to critically investigate, analyse and synthesise complex information, concepts and theories and to creatively apply those skills and theories to different systems and factual matrices involving the protection of foreign investment in international law;
  • Communication and technical research skills to justify and interpret theoretical propositions, methodologies and conclusions to specialist and non-specialist audiences in the context of scholarly writing and/or professional advice in assessment tasks; and
  • High-level capacity for self-directed legal research (including use of interdisciplinary materials) in order to demonstrate an integrated understanding of, and expert judgment about, complex questions surrounding the utility and practice of protection of foreign investment at international law.

Eligibility and requirements

Prerequisites

Successful completion of all the below subjects:

Code Name Teaching period Credit Points
LAWS50023 Legal Method and Reasoning
Summer Term
12.5
LAWS50024 Principles of Public Law
Semester 1
12.5
LAWS50025 Torts
Semester 1
November
12.5
LAWS50026 Obligations
Semester 1
12.5
LAWS50027 Dispute Resolution
Semester 1
12.5
LAWS50028 Constitutional Law
Semester 2
12.5
LAWS50029 Contracts
Semester 2
12.5
LAWS50031 Legal Theory
Semester 2
November
12.5

Corequisites

None

Non-allowed subjects

Students cannot enrol in this subject if they have previously undertaken the following subject:

Code Name Teaching period Credit Points
LAWS70304 Internat Investment Law and Arbitration
August
12.5

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

Assessment

Additional details

  • Discussion leadership and class participation (10%): students will be assigned a case/topic in relation to which they will be required to lead class discussion, and prepare a 500 word piece of written work for submission;
  • Independent research essay (90%): students will be required to prepare a 6,000 word research paper on a topic formulated by them and approved by the coordinator.

The due date of the above assessment will be available to students via the Assessment Schedule on the LMS Community.

Quotas apply to this subject

Dates & times

Not available in 2018

Time commitment details

144 hours

Additional delivery details

This subject has a quota.

Further information

  • Texts

    Prescribed texts

    • Jeswald Salacuse, The Law of Investment Treaties, Oxford University Press 2010;
    • Specialist printed materials will also be made available from the Melbourne Law School.
Last updated: 23 January 2019