Studying at York
International Investment Law - LAW00095M
- Department: The York Law School
- Credit value: 20 credits
- Credit level: M
- Academic year of delivery: 2024-25
Module summary
International investment law pertains to the legal framework that governs the commercial activities of multinational enterprises conducted in foreign jurisdictions. The substantial expansion of international investment law is primarily attributed to the upsurge in foreign investments. Fundamentally, international investment law regulates interactions among foreign investors, their investments, and host states. It raises pivotal policy considerations related to globalisation, the protection of the property of foreign investors, and the appropriate role of host governments. International investment law represents a distinctive amalgamation, drawing upon facets of international law, commercial law, and public law.
International investment law delves into profound inquiries, including limitations on the regulatory power of the host state, the legitimate expectations of investors who perceive their investments as profit-driven enterprises, and the provisions safeguarding investments articulated in treaties and laws. This module provides a comprehensive and critical introduction to international investment law. Exploring the historical context, the module scrutinises substantive standards of investment protection, such as Fair and Equitable Treatment, non-discrimination, and regulations concerning expropriation (both direct and indirect). The role of host states and the impact of investment law on their regulatory powers will undergo meticulous examination. Furthermore, students will engage with challenges to the legitimacy of the international investment regime and ongoing initiatives aimed at its reform.
This module aims to equip students with a clear understanding of these issues and the ability to critically engage with them from a legal perspective.
Module will run
| Occurrence | Teaching period |
|---|---|
| A | Semester 2 2024-25 |
Module aims
The module aims to provide students with a deep understanding of international investment law, its principles and practical application. The module examines the conceptual and practical issues relating to matters such as the historical and theoretical aspects of international investment law, the sources of international investment law, protection of international investments, fair and equitable treatment, national treatment, umbrella clauses, taking over of foreign investors’ property, international investment contracts, and international investment disputes.
It is designed to:
- Provide students with a depth of knowledge and critical understanding of the theoretical basis of international investment law;
- Provide students with a detailed understanding of the role and function of the legal regime governing international investment
- Help students to apply substantive principles of international investment law to different scenarios to solve problems;
- Provide students with skills to apply the knowledge gained in professional practice.
Module learning outcomes
- Demonstrate a depth of knowledge and critical understanding of the underlying concepts and principles of international investment law;
- Demonstrate knowledge and critical evaluation of the main legal rules and procedures in international investment law;
- Analyse, with critical awareness, and interpret Bilateral Investment Treaties (BITs) and international investment agreements;
- Apply underlying concepts and principles of international investment law in real life scenarios;
- Demonstrate a critical understanding of the main rules on investment protection under international investment law and international arbitrations;
- Demonstrate an ability to develop and present arguments defending and/or criticising international investment law;
- Synthesise complex facts and apply legal rules and principles to evaluate and advise on the legal issues in a commercial relationship that might involve international investments;
- Demonstrate initiative and originality in applying legal rules and principles by analysing recent developments to advise clients on how to draft, interpret international investment contracts and Bilateral Investment Treaties (BITs) with the aim of preserving the economic equilibrium in the relationship between a foreign investor and a host state.
Module content
- The History, Sources and Nature of International Investment Law
- Investment and Investors
- International Investment Contracts
- Stabilisation Clauses
- Renegotiation Clauses
- Standards of Protection
- Fair and Equitable Treatment, Umbrella Clause, Arbitrary and Discriminatory Measures
- Expropriation
- International Investment Disputes
Indicative assessment
| Task | % of module mark |
|---|---|
| Essay/coursework | 80 |
| Groupwork | 20 |
Special assessment rules
None
Additional assessment information
Essay topics will be provided. Additionally, students have the option to compose an essay on a topic of their choosing, subject to approval by the module leader.
Indicative reassessment
| Task | % of module mark |
|---|---|
| Essay/coursework | 20 |
| Essay/coursework | 80 |
Module feedback
Students will receive formative feedback on their written and participation skills during the course of the module in seminars. Individual summative feedback on assessments will be provided.
Indicative reading
Campbell McLachlan, Laurence Shore, and Matthew Weiniger, International Investment Arbitration: Substantive Principles (2nd edn, OUP, Oxford, 2017)
Zachary Douglas, Joost Pauwelyn, and Jorge E. Viñuales (eds.), The Foundations of International Investment Law: Bringing Theory into Practice (OUP, Oxford, 2014)