Introductory description

This module offers a critical introduction to international investment law. Foreign direct investment (FDI) is an important factor in the global economy and this module will focus on the legal regime that applies to cross-border investments. Due to the growth of FDI worldwide and the rising tensions between major economies around the world, international investment law and protection has grown in significance and has attracted not only increased interest but also considerable criticism from political leaders, international organisations, academics and civil society. The aim of the module is to unpack the complex legal framework that governs FDI and to analyse the international rules protecting investments and investors as well as the criticism levelled at the system and the challenges it faces.

Module web page

Module aims

Outline syllabus

This is an indicative module outline only to give an indication of the sort of topics that may be covered. Actual sessions held may differ.

• What is International Investment Law?

• Principles and History/Development of Investment (Law)

• The regulatory framework for international investment

• Forms of regulation (binding, soft law, contractual, national, international) and key players

• National control mechanisms for foreign direct investment (host and home state)

• International investment protection and regulation and its limits

• Who is an investor? What is an investment?

• Discriminatory and arbitrary measures

• National Treatment

• MFN Treatment

• FET

• Full protection and security

• Umbrella clauses

• Expropriation
• Assessment Workshop
• Exceptions & Justification Mechanisms: Host State “Defences”
• Dispute Settlement
• Challenges of International Investment Law and Reform Proposals

Learning outcomes

By the end of the module, students should be able to:

• Demonstrate understanding of the complex legal framework that regulates international investments and the core legal principles of international investment law.
• Analyse whether an action constitutes an investment and critically assess the suitability of the existing legal criteria.
• Analyse and critically assess the standards of protection international investment agreements provide and the dispute settlement mechanism(s) they have established.
• Critically discuss the system of investment protection that international investment law has created and ongoing reform proposals.
• Conduct research on questions of international investment law effectively using relevant sources and present academic arguments and opinions in writing and orally.

Indicative reading list

Generic Reading lists can be found in Talis

Specific reading list for the module can be found on

International

This module covers International Investment Law

Subject specific skills

No subject specific skills defined for this module.

Transferable skills

No transferable skills defined for this module.