251017 KU International Investment Law (2023S)

Aims: Introduction to International Investment Law
Contents: The course 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 bilateral investment protection treaties as well as some multilateral agreements containing investment provisions. The standards of treatment guaranteed to foreign investors in these treaties as well as under customary international law will be analyzed. This course will on the one hand 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. On the other hand this course provides an overview of international arbitration between States and foreign investors. Arbitration is the preferred method for the settlement of disputes arising from investments. The proliferation of bilateral investment treaties has contributed to a dramatic increase in investor-State arbitrations. The growing case-law of international arbitration tribunals will serve as a background to this analysis.
Method: Lecture and discussion