Investment Treaty Arbitration. 1.

Investment Treaty Arbitra0on. INSTRUCTIONS Please refer to a wide range of sources: statutes, case-law, international conventions, relevant treaties and journal articles to support your answer, must be cited in full. This will involve active research, study and application Make use of extensive referencing (footnotes) (OSCOLA). Masters distinction level imperative. Give an extensive bibliography 40+. Do not exceed 2000 words in total Research essay to discuss this: Assessment 1: “Indeed, in current litigation practice, hardly any lawsuit based on an international investment treaty is filed these days without invocation of the relevant treaty clause requiring fair and equitable treatment.” Rudolf Dolzer.

 Further Instructions

Discuss. Assessment info: • Assessment 1 (50% weight) will be a 2000-word research essay examining the legal concepts underpinning ITA. Public Internatonal Law principles overlap somewhat uncomfortably with the commercial interests of foreign investors. Developments in investment arbitration and trade dispute resolution have been rapid in recent years. Foreign investors are more willing to commence arbitration proceedings against a host State. Consequently, it is important that you understand the substantive rights and treatment of investors as well as the ability to claim for expropriation and compensation. Students will be encouraged to reflect on the normative framework of international law relating to foreign direct investment. apply the rules, policies, principles and case law

Module Aims The legal environment for foreign investment has changed dramatically over the last ten years. Investment dispute resolution, in particular through international arbitration has become increasingly common. Foreign investors are much more willing to pursue a claim for alleged expropriation or discriminatory behaviour by a host State. This unit covers the key components of public international law relating to the protection and promotion of foreign investment. Finally make reference to the relevant customary and conventional international law as well as relevant municipal law.

This module is concerned with both the substantive. And the procedural aspects of the international law relating to Foreign Direct Investment (“FDI”). Particular emphasis will be paid to key instruments such as Bilateral Investment Treaties (“BITs”) and Energy Charter Treaties (“ECT”) as well as institutions like International Centre for the SeUlement of Investment Disputes (“ICSID”). Hence the module also addresses the key legal obligations of the host. Finally state (Most Favoured Nation, National Treatment, Expropriation, Fair and Equitable Treatment, Transparency) as well as the legal obligations of the foreign investor.

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