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2018/19 Taught Postgraduate Module Catalogue

LAW5645M The International Law of Foreign Investment

15 creditsClass Size: 60

Module manager: Professor Surya Subedi
Email: S.P.Subedi@leeds.ac.uk

Taught: Semester 1 (Sep to Jan) View Timetable

Year running 2018/19

This module is approved as an Elective

Module summary

The objective of the course is to provide a thorough understanding of the main principles of the international law of foreign investment. The focus would be on the big shifts in economic relations witnessed in the recent past underlining the significance of bilateral investment treaties, regional trade and investment agreements and bilateral free trade agreements. This course will consider and evaluate in some detail the jurisprudence of the international courts and tribunals on foreign investment matters and assess the recent trends both in State practice and jurisprudence.

Objectives

On completion of this module, students should be able to:

1. analyse the evolution of the law of foreign investment and the substantive principles of customary international law applicable to the treatment of foreign investment;
2. have a critical understanding of the international efforts to regulate foreign investment;
3. understand the interplay between law and politics in regulating foreign investment;
4. assess critically the provisions of various international treaties concerning foreign investment;
5. develop a critical understanding of the provisions of bilateral investment treaties, foreign investment provisions of free trade agreements and multilateral trade and investment treaties;
6. understand the mechanisms available for the settlement of investment disputes;
7. analyse critically the impact of arbitral awards of various international tribunals on the nature, scope and meaning of various principles of the law of foreign investment;
8. apply the knowledge obtained in relation to investment disputes so as to identify and analyse problems which arise in the law and practice of resolving investment disputes;
9. critically assess the role of the UN, WTO, OECD and UNCTAD in regulating foreign investment.

Syllabus

The objective of the course is to provide a thorough understanding of the main principles of the international law of foreign investment. The focus would be on the big shifts in economic relations witnessed in the recent past underlining the significance of bilateral investment treaties, regional trade and investment agreements and bilateral free trade agreements. This course will consider and evaluate in some detail the jurisprudence of the international courts and tribunals on foreign investment matters and assess the recent trends both in State practice and jurisprudence.

Teaching methods

Delivery typeNumberLength hoursStudent hours
Seminar101.5015.00
Private study hours135.00
Total Contact hours15.00
Total hours (100hr per 10 credits)150.00

Private study

135 hours are allocated to private study. It is expected this will consist of preparation for seminars, reading and reflection following each teaching session and prepartion for assessments.

Opportunities for Formative Feedback

By attendance at, and participation in, seminars and class presentations on a topic assigned in advance.

Methods of assessment


Coursework
Assessment typeNotes% of formal assessment
Essay1 x 4,000 word essay100.00
Total percentage (Assessment Coursework)100.00

Normally resits will be assessed by the same methodology as the first attempt, unless otherwise stated

Reading list

The reading list is available from the Library website

Last updated: 22/03/2019

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