- Department: The York Law School
- Credit value: 20 credits
- Credit level: M
- Academic year of delivery: 2024-25
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.
Occurrence | Teaching period |
---|---|
A | Semester 2 2024-25 |
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:
Task | % of module mark |
---|---|
Essay/coursework | 80 |
Groupwork | 20 |
None
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.
Task | % of module mark |
---|---|
Essay/coursework | 20 |
Essay/coursework | 80 |
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.
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)