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Internat Investment Law and Arbitration (LAWS70304)
Graduate coursework level 7Points: 12.5On Campus (Parkville)
To learn more, visit 2023 Course and subject delivery.
About this subject
- Overview
- Eligibility and requirements
- Assessment
- Dates and times
- Further information
- Timetable(opens in new window)
Contact information
October
Lecturer
Associate Professor Jarrod Hepburn (Coordinator)
Romesh Weeramantry (Coordinator)
Email: law-masters@unimelb.edu.au
Phone: 13 MELB (13 6352), International: +(61 3) 9035 5511
Website: law.unimelb.edu.au
December
Lecturer
Mavluda Sattorova (Coordinator)
Email: law-masters@unimelb.edu.au
Phone: 13 MELB (13 6352), International: +(61 3) 9035 5511
Website: law.unimelb.edu.au
Overview
Availability(Quotas apply) | October December |
---|---|
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 also evaluates 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
- 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 the relevant legal rules
- Be an engaged participant in debate regarding 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 ICSID Convention) 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: 31 January 2024
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: 31 January 2024
Assessment
December
Description | Timing | Percentage |
---|---|---|
Option 1: Take-home examination
| 16 - 20 February 2024 | 100% |
Option 2: Research paper on a topic approved by the subject coordinator
| 28 February 2024 | 100% |
Hurdle requirement: A minimum of 75% attendance. Note: the attendance hurdle does not apply when the subject is delivered online, however attendance at all live online sessions is expected. | Throughout the teaching period | N/A |
October
Description | Timing | Percentage |
---|---|---|
Option 1: Take-home examination
| 15 - 18 December 2023 | 100% |
Option 2: Research paper on a topic approved by the subject coordinator
| 17 January 2024 | 100% |
Hurdle requirement: A minimum of 75% attendance. Note: the attendance hurdle does not apply when the subject is delivered online, however attendance at all live online sessions is expected. | Throughout the teaching period | N/A |
Additional details
Note: Students must choose assessment from the options listed above. If an option contains parts, all parts must be completed if that option is chosen.
Last updated: 31 January 2024
Quotas apply to this subject
Dates & times
- October
Principal coordinators Jarrod Hepburn and Romesh Weeramantry Mode of delivery On Campus (Parkville) Contact hours Total time commitment 150 hours Pre teaching start date 27 September 2023 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 25 October 2023 to 31 October 2023 Last self-enrol date 2 October 2023 Census date 26 October 2023 Last date to withdraw without fail 15 December 2023 Assessment period ends 17 January 2024 October contact information
Lecturer
Associate Professor Jarrod Hepburn (Coordinator)
Romesh Weeramantry (Coordinator)Email: law-masters@unimelb.edu.au
Phone: 13 MELB (13 6352), International: +(61 3) 9035 5511
Website: law.unimelb.edu.au - December
Mode of delivery On Campus (Parkville) Contact hours Total time commitment 150 hours Pre teaching start date 8 November 2023 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 6 December 2023 to 12 December 2023 Last self-enrol date 13 November 2023 Census date 7 December 2023 Last date to withdraw without fail 19 January 2024 Assessment period ends 28 February 2024 December contact information
Lecturer
Mavluda Sattorova (Coordinator)
Email: law-masters@unimelb.edu.au
Phone: 13 MELB (13 6352), International: +(61 3) 9035 5511
Website: law.unimelb.edu.au
What do these dates mean
Visit this webpage to find out about these key dates, including how they impact on:
- Your tuition fees, academic transcript and statements.
- And for Commonwealth Supported students, your:
- Student Learning Entitlement. This applies to all students enrolled in a Commonwealth Supported Place (CSP).
Subjects withdrawn after the census date (including up to the ‘last day to withdraw without fail’) count toward the Student Learning Entitlement.
Additional delivery details
This subject has a quota of 30 students.
Enrolment is on a 'first in' basis. Waitlists are maintained for subjects that are fully subscribed.
Students should note priority of waitlisted 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.
Melbourne Law School may reserve places in a subject for incoming international cohorts or where a subject is core to a specialisation with limited alternate options.
Last updated: 31 January 2024
Further information
- Texts
Prescribed texts
Specialist materials will be made available via the LMS in the pre-teaching period.
- Related Handbook entries
This subject contributes to the following:
- Links to additional information
- 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-masters@unimelb.edu.au for subject coordinator approval.
- 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