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Investment, Regulation and Development (LAWS70122)
Graduate coursework level 7Points: 12.5Not available in 2023
From Semester 1, 2023 our undergraduate programs will be delivered on campus. Graduate programs will mainly be delivered on campus, with dual-delivery and online options available to a select number of subjects within some programs.
To learn more, visit 2023 Course and subject delivery.
Overview
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This subject will be delivered online in 2020 over the scheduled dates.
International investment is today understood as a key element of successful development policy. However, both the historical and conceptual foundations of this apparent convergence demand careful investigation. While mainstream economic thinking asserts that foreign investment is beneficial for poor countries, critics have pointed out that it can be positive or negative depending on how it is regulated. Against this debate, investment treaties are typically weighted in favour of developed states, and as a matter of international law, poorer countries have increasingly limited regulatory tools at their disposal with which to govern the operations of transnational investors within their territory. Conflicts frequently arise between the needs of local communities and international investors over access to land, resources, and water, leading to displacement, loss of livelihoods and human-rights violations. The role of the state in regulating these conflicts is often complex, and the responsibilities of large multinational corporations are unclear. Using a historically-grounded case study-based approach, this subject will provide students with an opportunity to critically examine the relationship between international investment, local communities and the state within contemporary legal and institutional development policy and practice.
Principal topics include:
- Introduction to the contested meanings of international investment, regulation and development
- The links between investment, development and regulation, examined through case studies
- An examination of the historically contested role of international law in framing the terms on which multinational corporations access resources in developing countries, including investment treaties, business and human rights, as well as older initiatives
- An examination of the role of international institutions, including the World Bank and the International Monetary Fund (IMF), in governing investment and development
- The debate over global versus local labour standards and the dilemmas over monitoring
- The debates over ‘land grabbing’ and access to agricultural land in developing countries.
Intended learning outcomes
A student who has successfully completed this subject will:
- Understand and be able to critically reflect on the historical links between investment and development and their contested meanings
- Have a good knowledge of the debates over the place of law in the development process and be able to apply that knowledge to diverse bodies of practice
- Understand the practices of international economic institutions such as the World Bank, the International Monetary Fund (IMF) and the World Trade Organization, and the positions they have taken with respect to development and investment, as well as be able to research and critically analyse those practices going forward
- Be aware of the complexities of the labour standards debate and the ‘race to the bottom’ dynamic in relation to competition for mobile international investments, and be able to investigate such practices
- Develop a critical perspective on the broad set of issues that lie at the intersection of human rights, investment and development, and be able to engage in related legal and policy analysis.
Last updated: 24 January 2023
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: 24 January 2023
Assessment
| Description | Timing | Percentage |
|---|---|---|
Class participation | Throughout the teaching period | 10% |
Group exercise | 10% | |
Research paper on a topic approved by the subject coordinator
| 3 February 2021 | 80% |
| Hurdle requirement: A minimum of 75% attendance. Note: the attendance hurdle does not apply when the subject is delivered online. | Throughout the teaching period | N/A |
Last updated: 24 January 2023
Quotas apply to this subject
Dates & times
Not available in 2023
Time commitment details
136-150 hours The 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.
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.
Last updated: 24 January 2023
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-admissions@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: 24 January 2023