International Investment Law

Catalogue number	3584IN24VY
Credits	6
Language of the course	English
Time period(s)	Sem. 1 Sem. 2
Educational institute	Amsterdam Graduate Law School
Organised by	Department of Public International and European Law
Lecturer(s)	Dr. H.E. Kjos (co-ordinator) (and guest lecturers)
Information	Secr. Dept. of Public International Law and European Law Oudemanhuispoort 4-6 kamer E301 +31 20 5252632
Is part of	Master's in International and European Law: International Trade and Investment Law
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Objectives

Following this course, students will have a comprehensive understanding of international investment law, in particular its substantive content as set out in international investment agreements. They should be able to locate and compare the various approaches taken by arbitral tribunals as reflected in the ever growing number of awards, also with a view to making a brief team presentation of recent developments pertaining to one of the standards of investment protection.

Contents

This course is dedicated to an examination of the international law governing the investor-State relationship. This law is mainly set out in bilateral investment treaties (now more than 2500), but also in multilateral agreements such as the North American Free Trade Agreement, the Energy Charter Treaty, and the ASEAN Comprehensive Investment Agreement. Customary international law is also of relevance. Topics examined include the controversial issue of what/who constitutes protected investments/investors, and one class is dedicated to the settlement of investment disputes. Emphasis is placed on the following standards of protection: no expropriation without compensation, fair and equitable treatment, national treatment, most-favored-nation treatment, full protection and security, no arbitrary or discriminatory treatment, and umbrella clauses. Also considered are defenses available to host States, in particular state of necessity as a circumstance precluding wrongfulness.

Previous guest lecturers have included a judge at the Iran-United States claims tribunal legal counsel at the Permanent Court of Arbitration, the Dutch Ministry of Economic Affairs, the Dutch Ministry of Foreign Affairs, and major law firms.

Format

(Guest) lectures (2 hours per week) and excursion(s) to law firms and/or the Permanent Court of Arbitration in The Hague;Review sessions

Contacthours

Time

Day-time

Study materials

Online material, to be announced on http://blackboard.ic.uva.nl

Assessment

Exam (closed book, 3 hours). There are also short, non-graded assignments to be discussed in class.

Remarks

For further course information and possible course requirements, see the Blackboard site at http://blackboard.ic.uva.nl.