251147 SE International Standards of Investment Protection (pi) (2022W)

This course will provide an overview on central topics of international investment law. It will trace the traditional approach of regulating foreign direct investments in customary international law and then focus on the present state of investor protection through a dense web of almost 3000 bilateral investment protection treaties as well as some multilateral agreements. The standards of treatment guaranteed to foreign investors in these treaties as well as under customary international law will be analyzed. This course will thus focus on substantive standards such as fair and equitable treatment, full protection and security, most-favored-nation treatment and national treatment. Equally the protection against expropriation will merit special attention. The growing case-law of international arbitration tribunals will serve as a background to this analysis.