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Internat Investment Law and Arbitration (LAWS70304)

Graduate coursework level 7Points: 12.5On Campus (Parkville)

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Overview

Year of offer2019
Subject levelGraduate coursework Level 7
Subject codeLAWS70304
Campus
Parkville
Availability(Quotas apply)
November
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. 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.

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.

Core participation requirements

The Melbourne Law Masters welcomes applications from students with disabilities. The inherent academic requirements for study in the Melbourne Law Masters are:

  • The ability to attend a minimum of 75% of classes and actively engage in the analysis and critique of complex materials and debate;
  • The ability to read, analyse and comprehend complex written legal materials and complex interdisciplinary materials;
  • The ability to clearly and independently communicate in writing a knowledge and application of legal principles and interdisciplinary materials and to critically evaluate these;
  • The ability to clearly and independently communicate orally a knowledge and application of legal principles and interdisciplinary materials and critically evaluate these;
  • The ability to work independently and as a part of a group;
  • The ability to present orally and in writing legal analysis to a professional standard.

Students who feel their disability will inhibit them from meeting these inherent academic requirements are encouraged to contact Student Equity and Disability Support.

Assessment

Additional details

  • Take-home examination (5,000 - 6,000 words) (100%) (13 - 16 December)
    or
  • Research paper (8,000 - 10,000 words) (100%) (29 January 2020) on a topic approved by the subject coordinator

A minimum of 75% attendance is a hurdle requirement.

Quotas apply to this subject

Dates & times

  • November
    Principal coordinatorJarrod Hepburn
    Mode of deliveryOn Campus — Parkville
    Contact hours34 hours
    Total time commitment150 hours
    Pre teaching start date 9 October 2019
    Pre teaching requirementsThe 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 6 November 2019 to 12 November 2019
    Last self-enrol date14 October 2019
    Census date 6 November 2019
    Last date to withdraw without fail20 December 2019
    Assessment period ends29 January 2020

    November contact information

    Email: law-masters@unimelb.edu.au
    Phone: +61 3 8344 6190
    Website: law.unimelb.edu.au

Additional delivery details

This subject has a quota of 30 students.

Enrolment is on a first come, first served basis. Waitlists are maintained for subjects that are fully subscribed.

Students should note priority of places in subjects will be given as follows:

  • To currently enrolled Graduate Diploma and Masters students with a satisfactory record in their degree
  • To other students enrolling on a single subject basis, eg Community Access Program (CAP) students, cross-institutional study and cross-faculty study.

Please refer to the Melbourne Law Masters website for further information about the management of subject quotas and waitlists.

Further information

Last updated: 14 September 2019