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International Investment Law (LAWS50091)
Graduate coursework level 5Points: 12.5Dual-Delivery (Parkville)
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About this subject
- Overview
- Eligibility and requirements
- Assessment
- Dates and times
- Further information
- Timetable(opens in new window)
Contact information
Overview
Availability(Quotas apply) | November - Dual-Delivery |
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Fees | Look up fees |
International investment law is one of the fastest growing fields of public international law. The field – today largely focused on the global network of bilateral treaties on investment protection – affects the ways in which states can regulate the operation of foreign investment. Over the last two decades, 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. The subject takes a comparative approach to examining the unique elements of dispute resolution in this field (which confer standing on private foreign actors to bring international claims against states) in light of key institutional differences with other international adjudicatory forums (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.
Last updated: 31 January 2024
Eligibility and requirements
Prerequisites
All of
Code | Name | Teaching period | Credit Points |
---|---|---|---|
LAWS50023 | Legal Method and Reasoning | Summer Term (Dual-Delivery - Parkville) |
12.5 |
LAWS50024 | Principles of Public Law | Semester 1 (Dual-Delivery - Parkville) |
12.5 |
LAWS50025 | Torts | Semester 1 (Dual-Delivery - Parkville) |
12.5 |
LAWS50026 | Obligations | Semester 1 (Dual-Delivery - Parkville) |
12.5 |
LAWS50028 | Constitutional Law | Semester 2 (Dual-Delivery - Parkville) |
12.5 |
LAWS50029 | Contracts | Semester 2 (Dual-Delivery - Parkville) |
12.5 |
LAWS90140 | Disputes and Ethics | Semester 2 (Dual-Delivery - Parkville) |
12.5 |
Corequisites
None
Non-allowed subjects
Code | Name | Teaching period | Credit Points |
---|---|---|---|
LAWS70304 | Internat Investment Law and Arbitration | November (On Campus - Parkville) |
12.5 |
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: 31 January 2024
Assessment
Description | Timing | Percentage |
---|---|---|
Discussion leadership: students will be assigned two cases/questions in relation to which they will be required to lead class discussion and prepare two short pieces of written work for submission (250 words each)
| During the teaching period | 10% |
Take-home Examination
| 2 Weeks after the end of teaching | 90% |
Additional details
The due date of the above assessment(s) will be available to students via the Assessment Schedule on the LMS Community.
Last updated: 31 January 2024
Quotas apply to this subject
Dates & times
- November
Principal coordinator Jarrod Hepburn Mode of delivery Dual-Delivery (Parkville) Contact hours Total time commitment 144 hours Pre teaching start date 14 November 2022 Pre teaching requirements Please refer to the Reading Guide on the LMS subject page for confirmation of which resources need to be read and what other preparation is required before the teaching period commences. Teaching period 21 November 2022 to 30 November 2022 Last self-enrol date 15 November 2022 Census date 25 November 2022 Last date to withdraw without fail 2 December 2022 Assessment period ends 16 December 2022
Time commitment details
144 hours
Additional delivery details
This subject has an enrolment quota of 60 students.
All timely JD elective enrolments are subject to a selection process, which the Academic Support Office will perform after the timely re-enrolment period ends. Late self-enrolment is on a first-in basis up to quota.
Please refer to the Melbourne Law School website for further information about the management of subject quotas.
Last updated: 31 January 2024
Further information
- Texts
Prescribed texts
- Rudolf Dolzer and Christoph Schreuer, Principles of International Investment Law (2nd ed, OUP 2012); and
- Specialist materials will be made available via the LMS.
- Related Handbook entries
This subject contributes to the following:
Type Name Course Juris Doctor - Available to Study Abroad and/or Study Exchange Students
This subject is available to students studying at the University from eligible overseas institutions on exchange and study abroad. Students are required to satisfy any listed requirements, such as pre- and co-requisites, for enrolment in the subject.
Last updated: 31 January 2024