LWMILA-International Investment Law and Arbitration

Module Provider: School of Law
Number of credits: 20 [10 ECTS credits]
Level:7
Terms in which taught: Spring term module
Pre-requisites:
Non-modular pre-requisites:
Co-requisites:
Modules excluded:
Current from: 2020/1

Email: m.r.windsor@reading.ac.uk

Type of module:

Summary module description:

This module offers an in-depth introduction to the law of foreign investment and investment treaty arbitration. Through a close analysis of the substance of bilateral investment treaties and the settlement of investor-state disputes via arbitration, students will acquire understanding of the law, politics and economics of the investment treaty regime.

Aims:

The module is designed:

• To provide a comprehensive overview of the major legal and policy debates in international investment law.


• To evaluate the practice and process of investment treaty arbitration.


• To stimulate the interest of students in a vital area of international economic law.

Assessable learning outcomes:

On completion of the module, students will be expected to be able to:

• Demonstrate an understanding of the key concepts in international investment law.


• Appraise international investment arbitration from the perspective of host states, multinational corporations and other interest groups.


• Critically reflect on how economic globalisation shapes national regulatory preferences.

Additional outcomes:

In addition to those listed in the School’s ‘core skills statement’, the module encourages the development of:

• Advanced research and writing skills through close analysis of primary and secondary materials on international investment law and arbitration.


• High-level oral communication skills through reflective class discussion.

Ability to construct an effective argument based on analytical thinking. 

Outline content:

The module will cover topics such as:

• Standards of investment protection (non-discrimination against foreign investment, fair and equitable treatment, guarantees of compensation for expropriation, and umbrella clauses).


• Treaties, rules and institutions governing investment treaty arbitration (including the ICSID Convention, UNCITRAL Rules and megaregional agreements).


• The process of investment treaty arbitration (jurisdiction an d admissibility, applicable law, standard of review, remedies and compensation, enforcement and compliance with arbitral awards).


• The interpretation of bilateral investment treaties by arbitral tribunals.


• The politics of investment treaties in developed and developing countries.


• The impact of international investment law on environmental protection, public health and human rights.

Current challenges in investment tr eaty arbitration (transparency, consistency of decisions, appointment of arbitrators, third-party funding, proposals for a multilateral investment court).

Brief description of teaching and learning methods:

Teaching will consist of 10 two-hour seminars. A handout will be provided for each seminar with a list of required and recommended readings.

Summative assessment- Examinations:

Summative assessment- Coursework and in-class tests:

An assessed essay of 15 pages (formatted in accordance with the School of Law’s Assessed Work Rules).

Formative assessment methods:

A formative assessment, which will be marked and returned with feedback.

Penalties for late submission:
Penalties for late submission on this module are in accordance with the University policy. Please refer to page 5 of the Postgraduate Guide to Assessment for further information: http://www.reading.ac.uk/internal/exams/student/exa-guidePG.aspx

Assessment requirements for a pass:

50% overall.

Reassessment arrangements:

See School of Law PGT Programme Handbook.

Additional Costs (specified where applicable):

Last updated: 31 July 2020