Internat Investment Law and Arbitration (LAWS70304)
Graduate coursework level 7Points: 12.5On Campus (Parkville)
About this subject
Contact information
March
Teaching staff:
Romesh Weeramantry (Subject Coordinator)
For current student enquiries, contact the Law School Academic Support Office
July
Teaching staff:
Jarrod Hepburn (Subject Coordinator)
For current student enquiries, contact the Law School Academic Support Office
Overview
| Availability(Quotas apply) | March July |
|---|---|
| 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.
indicative list of principal topics:
- 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: 4 March 2025
Eligibility and requirements
Prerequisites
None
Corequisites
None
Non-allowed subjects
None
Recommended background knowledge
Applicants without legal qualifications should note that subjects are taught at an advanced graduate level and requires a thorough background in common law. While efforts are made to meet the needs of students trained in other fields, teaching and assessment activities are designed to give an advanced and integrated understanding of the discipline of law for legal practitioners, learners and researchers.
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: 4 March 2025
Assessment
| Description | Timing | Percentage |
|---|---|---|
Class participation | Throughout the teaching period | 10% |
Take-home examination
| March offering: 2 - 5 May 2025 | July offering: 12 -15 September 2025 | 90% |
| Hurdle requirement: A minimum of 75% attendance is required. | 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: 4 March 2025
Quotas apply to this subject
Dates & times
- March
Principal coordinator Rom Weeramantry Mode of delivery On Campus (Parkville) Contact hours 34 Total time commitment 150 hours Pre teaching start date 26 February 2025 Pre teaching requirements Please refer to Canvas LMS to check on the pre-class readings and preparatory learning activities before the teaching period commences. Teaching period 26 March 2025 to 1 April 2025 Last self-enrol date 3 March 2025 Census date 28 March 2025 Last date to withdraw without fail 9 May 2025 Assessment period ends 13 June 2025 March contact information
Teaching staff:
Romesh Weeramantry (Subject Coordinator)
For current student enquiries, contact the Law School Academic Support Office - July
Principal coordinator Jarrod Hepburn Mode of delivery On Campus (Parkville) Contact hours 34 Total time commitment 150 hours Pre teaching start date 2 July 2025 Pre teaching requirements Please refer to Canvas LMS to check on the pre-class readings and preparatory learning activities before the teaching period commences. Teaching period 30 July 2025 to 5 August 2025 Last self-enrol date 7 July 2025 Census date 1 August 2025 Last date to withdraw without fail 12 September 2025 Assessment period ends 17 October 2025 July contact information
Teaching staff:
Jarrod Hepburn (Subject Coordinator)
For current student enquiries, contact the Law School Academic Support Office
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
Please refer to the Melbourne Law Masters enrolment webpage for further information about re-enrolment, 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: 4 March 2025
Further information
- Texts
- 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.
Please note Single Subject Studies via Community Access Program is not available to student visa holders or applicants
Entry requirements including prerequisites may apply. Please refer to the CAP applications page for further information.
Additional information for this subject
If subject coordinator approval is required, or for further information about Community Access Program study, please contact us
(enquiries for current students | enquiries for prospective students).
- Available to Study Abroad and/or Study Exchange Students
Last updated: 4 March 2025