UCL FACULTY OF LAWS

LLM Programme

The taught modules offered on the LLM programme vary from year to year. Please check the full list of taught modules list for details of modules running in specific academic years. We make every effort to ensure that every module will be offered, but modules are subject to change and cancellation. You are therefore advised to check this site regularly for further updates throughout the year preceding entry to the LLM programme.


INTERNATIONAL LAW OF FOREIGN INVESTMENT (LAWSG088)
Credit value: 30 credits (12 ECTS)
Module Convenor:
Dr Martins Paparinskis

Other Teachers:
Professor Alejandro Escobar
Professor Robert Volterra

Intercollegiate teaching: No
Teaching Method: 20 x two-hour seminars
Who may enrol: LLM students
Prerequisites: None
Barred module combinations: None
Core module for specialism: Corporate Law, International Banking and Finance Law, International Law
Assessment
Practice Assessment: to be confirmed
Assessment method for LLM students: 3-hour unseen written examination
Module Overview

Module summary

International law of foreign investment protection disciplines and structures the manner in which States are entitled to treat foreign investors and investments. What appears to be a coherent international regime of investment law is emerging from the substantive obligations expressed in investment protection treaties and customary law, and interpretation and application of these rules by investment treaty Tribunals in particular disputes. This module deals with both substantive and procedural aspects of investment protection law, exploring its theoretical underpinnings and practical implications.

Aims

• to ensure that students develop a thorough understanding of the core substantive and procedural principles in investment protection law;
• to enable students to discuss critically the effectiveness of the regime of modern investment protection law;
• to enable students to appreciate both similarities and differences between different substantive obligations, and between different procedures for settlement of investment disputes (particularly ICSID Convention and UNCITRAL Rules).

The topics in this module include:

• Development of investment law
• Investment law sources in customary and treaty law
• State responsibility for the breach of investment obligations
• Scope of investment treaties; concepts of ‘an investor’ and ‘an investment’
• Substantive obligations: expropriation, non-contingent standards, and contingent standards; defences and excuses
• Investor-State and inter-State settlement of investment disputes
• Jurisdiction and admissibility of investment claims
• Arbitral process
• Investment protection law and its Others
• Investment protection law and the European Union

Recommended materials:

There is no single textbook for this module. However, students will find it useful to consult these books:

• R Dolzer and C Schreuer, Principles of International Investment Law (2nd edn, OUP, Oxford 2012)
• Z Douglas, The Law of International Investment Claims (CUP, Cambridge 2009)

For the collections of documents, students will use:

• M Paparinskis, Basic Documents on International Investment Protection (Hart Publishing, Oxford 2012)

Students are also expected to consult various other books, journal articles, and cases listed in the reading list, which will be posted on Moodle (virtual learning environment).

Preliminary reading:

• R Dolzer and C Schreuer, Principles of International Investment Law (2nd edn, OUP, Oxford 2012) Chapters 1-2
• Z Douglas, The Law of International Investment Claims (CUP, Cambridge 2009) Chapter 1

Other information:

In the first semester, we will be looking in detail at the substantive aspects of the international law of foreign investment protection. If you have not done public international law (recently), it may be useful to first refresh your memory by reading V Lowe, International Law (Clarendon Press, Oxford 2007) Chapters 1-6 (or indeed flick through the chapters on sources, subjects, and responsibility in any recent international law textbook, like M Evans (ed), International Law (3rd edn, OUP, Oxford 2010) Chapters 4, 5, 7, 10, 15, 16, or J Crawford, Brownlie’s Principles of International Law (8th edn, OUP, Oxford 2012) Chapters 2, 4, 16, 25-6).

Prizes for this module: There are currently no prizes available for this module.


APPLICATION NOTICES

The application process for the 2014-15 academic session, for entry in September 2014, is now open.

Please refer to the How to apply section for information on the application process.