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Postgraduate Module Descriptor

LAWM081: International Investment Law and Arbitration

This module descriptor refers to the 2016/7 academic year.

Module Aims

This module aims to provide you with :

  • Essential knowledge of the connection of public international law and international investment disputes and of the relevant public international law principles.  

  • Essential knowledge of the key international treaties that protect investments (i.e. bilateral, regional, multilateral investment treaties, Free Trade Agreements – FTAs);

  • Essential knowledge of the investment treaties substantive and procedural  protections;

  • Skills and knowledge needed to advise clients on the substantive rights afforded to them both under the investor host state contract and the bilateral and multilateral investment treaties (including protections against state discrimination and expropriation);

  • An understanding of  the unique nature of investor-state arbitration as a form of dispute resolution in international law;

  • Essential knowledge of the specialised forms of institutional arbitration in the field, and their similarities and differences to commercial arbitration, in particular examination of international arbitration under the ICSID.

  • A critical understanding, enriched by discussion of contemporary research, of current controversies surrounding the impact of investment treaty disciplines on regulatory autonomy, development strategies and the human rights of citizens in host states.

Intended Learning Outcomes (ILOs)

This module's assessment will evaluate your achievement of the ILOs listed here - you will see reference to these ILO numbers in the details of the assessment for this module.

On successfully completing the programme you will be able to:
Module-Specific Skills1. Demonstrate deep and systematic knowledge and understanding of international investment law, and an extensive range of major concepts, values and principles relevant to the field; in doing so also highlight the changing legal regime in international investment arbitrations
2. Demonstrate deep and systematic knowledge, in particular, of the jurisdictional requirements for bringing a claim under a typical investment treaty, the means of dispute resolution available to foreign investors in investment disputes, the substantive protections available to foreign investors protected by an investment treaty, the likely remedies awarded for a successful claim, and the different methods of determining the amount of compensation due
3. Undertake complex critical evaluation of the main legal rules, institutions and procedures relevant to international investment law, using specialist literature and current research;
4. Identify, explain and evaluate key criticisms of investment arbitration and proposals for reform, applying relevant rules and theories systematically;
Discipline-Specific Skills5. Integrate and assess complex information from primary and secondary legal sources and advanced legal scholarship comprehensively, using appropriate interpretative techniques;
6. Select, integrate, evaluate and present relevant law and complex legal/theoretical arguments, clearly, autonomously and competently, orally and in writing;
Personal and Key Skills7. Communicate and engage in debate effectively, confidently and autonomously, orally and in writing, in a manner appropriate to an international legal audience; and
8. Demonstrate confident, independent and comprehensive learning ability required for continuing professional development, managing own requirements and contributing to the learning of others.