030836 KU International Investment Law (2021S)
Continuous assessment of course work
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Registration/Deregistration
Note: The time of your registration within the registration period has no effect on the allocation of places (no first come, first served).
- Registration is open from We 10.02.2021 00:01 to We 03.03.2021 23:59
- Deregistration possible until Th 11.03.2021 23:59
Details
max. 42 participants
Language: English
Lecturers
Classes (iCal) - next class is marked with N
- Thursday 11.03. 14:00 - 15:30 Digital
- Thursday 18.03. 14:00 - 15:30 Digital
- Thursday 25.03. 14:00 - 15:30 Digital
- Thursday 15.04. 14:00 - 15:30 Digital
- Thursday 22.04. 14:00 - 15:30 Digital
- Thursday 29.04. 14:00 - 15:30 Digital
- Thursday 06.05. 14:00 - 15:30 Digital
- Thursday 20.05. 14:00 - 15:30 Digital
- Friday 21.05. 14:00 - 15:30 Digital
- Thursday 17.06. 14:00 - 15:30 Digital
Information
Aims, contents and method of the course
This course offers an introduction to international investment law. It provides an overview of protection standards and dispute settlement in international investment law. The fundamental rules concerning admission and treatment of foreign investment will be discussed. Special attention will be given to dispute settlement, i.e. ICSID and UNCITRAL arbitration.
Assessment and permitted materials
-Active participation in class (15%)
-Written case study (oral presentation optional) (25%)
-Final written exam (65%)
-Written case study (oral presentation optional) (25%)
-Final written exam (65%)
Minimum requirements and assessment criteria
Case studies and practical examples will be used to deal with the normative content of the investment law concerned as well as with the (quasi-) judicial and political-diplomatic mechanisms for the enforcement of investment law.The course will be tough in form of discussions.Requirements: Basic Knowledge of English and International Law.
Examination topics
INTRODUCTION (Chapter I, III)
The concept of investment (who is an investor, what is an investment)
The conflicting interests of the host State and the investor
Historical development of international investment protection1.THE SOURCES OF INTERNATIONAL INVESTMENT LAW (Chapter I, II, IV)
Customary international law rules
Investment Contracts
National Investment Protection Laws
Bilateral Investment Treaties
Multilateral Treaties
Guidelines and Codes of Conduct
Resolutions2.EXPROPRIATION (Chapter VI)
What is an expropriation? Direct /Indirect expropriations
Permissibility of expropriations
Requirements for legality
Consequences of an expropriation3.STANDARDS OF TREATMENT (Chapter VII)
Fair and equitable treatment
Full protection and security
The Umbrella Clause
Access to justice, denial of justice, fair trial
National treatment
Arbitrary and discriminatory
Most favoured nation clause4.STATE RESPONSIBILITY AND ATTRIBUTION, INVESTMENT INSURANCE(Chapter VII,VIII, IX)
Attribution
Responsibility for illegal acts
Necessity5.DISPUTE SETTLEMENT, ICSID (Chapter X)
Methods of dispute settlement
Treaty arbitration
Jurisdiction
Applicable law
Annulment
Enforcement of Awards
The concept of investment (who is an investor, what is an investment)
The conflicting interests of the host State and the investor
Historical development of international investment protection1.THE SOURCES OF INTERNATIONAL INVESTMENT LAW (Chapter I, II, IV)
Customary international law rules
Investment Contracts
National Investment Protection Laws
Bilateral Investment Treaties
Multilateral Treaties
Guidelines and Codes of Conduct
Resolutions2.EXPROPRIATION (Chapter VI)
What is an expropriation? Direct /Indirect expropriations
Permissibility of expropriations
Requirements for legality
Consequences of an expropriation3.STANDARDS OF TREATMENT (Chapter VII)
Fair and equitable treatment
Full protection and security
The Umbrella Clause
Access to justice, denial of justice, fair trial
National treatment
Arbitrary and discriminatory
Most favoured nation clause4.STATE RESPONSIBILITY AND ATTRIBUTION, INVESTMENT INSURANCE(Chapter VII,VIII, IX)
Attribution
Responsibility for illegal acts
Necessity5.DISPUTE SETTLEMENT, ICSID (Chapter X)
Methods of dispute settlement
Treaty arbitration
Jurisdiction
Applicable law
Annulment
Enforcement of Awards
Reading list
Reading material: R. Dolzer / C. Schreuer, Principles of International Investment Law 2, 2012.
Association in the course directory
Last modified: Fr 12.05.2023 00:12