International Investment Law

The past few decades have seen a dramatic increase in the number of bilateral investment treaties and other treaties with investment-related provisions, followed by a sharp rise in the number of disputes between private investors and sovereign states pursuant to investor-state dispute settlement (ISDS) provisions. This course will cover four broad areas: (I) the historical and policy origins of international investment law; (II) the substantive obligations and standards governing the investor-state relationship; (III) the investor-state arbitration process; and (IV) current controversies over the legitimacy and desirability of ISDS. The course uses materials from international investment treaty texts, case law, and commentaries to enable students to evaluate and apply legal doctrine. After the term begins, students accepted into the course can transfer from section (01) into section (02), which meets the R requirement, with consent of the instructor. Elements used in grading: Class participation, attendance and exam (Section 01) or paper (Section 02).