Monash University Handbook 2011 Postgraduate - Unit

Refer to the specific census and withdrawal dates for the semester(s) in which this unit is offered.

Synopsis

This unit studies the international legal framework for international investments. It provides an understanding of the development of the law, and the economic, political and institutional factors that have shaped the law to its current state. The various sources of law, particularly Public International Law, Bilateral Investment Treaties (BITs), and regional agreements, are examined. The interrelation between these sources of law, and between international and domestic law, as apply to foreign investments, are considered. The core legal principles and norms that apply to international Investments, such as Expropriation, National Treatment, and Fair and Equitable Treatment, are examined, as are investor - State relations and international investment arbitration.

Objectives

On a successful completion of this unit, students should:

1. have an understanding of the international legal framework for foreign investments
2. have an understanding of the historical development of the law and the economic, political and institutional factors that have shaped the law to its current state
3. have an understanding of the various sources of law, and the interrelation between international and domestic law relating to foreign investments
4. have an understanding of the interrelation between international investment law and other areas of international economic law
5. understand the core international legal principles and norms that apply to international investments, such as Expropriation, National Treatment, and Fair and Equitable Treatment
6. understand investor - State relations, aspects of international investment contracts, and international investment arbitration
7. identify the main procedural and substantive issues that affect activities of foreign investors
8. understand the differences between foreign investment arbitration and international commercial arbitration, and be able to analyse and evaluate awards issued by foreign investment arbitral tribunals
9. be able to undertake post-graduate level research in the subject area.

Assessment

Research assignment (3,750 words): 50%
Take-home examination (3,750 words): 50%

Chief examiner(s)

Dr Emmanuel Laryea

Contact hours

24 Hours