units

LAW4668

Faculty of Law

18 September 2017 18 November 2024

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This unit entry is for students who completed this unit in 2016 only. For students planning to study the unit, please refer to the unit indexes in the the current edition of the Handbook. If you have any queries contact the managing faculty for your course or area of study.

Monash University

6 points, SCA Band 3, 0.125 EFTSL

Undergraduate - Unit

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

Faculty

Law

Offered

Not offered in 2016

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.

Outcomes

On completion of this unit students will be able to:

  • identify, synthesise and apply knowledge of key concepts relating to international investment law
  • demonstrate intellectual and creative skills to identify and evaluate legal problems and policy issues in the area of international investment law and to generate reasoned, practical and appropriate responses to resolving these problems and issues,
  • conduct research into issues of international investment law based on knowledge of appropriate research principles and methods; and
  • communicate the research findings effectively and persuasively.

Assessment

Research assignment (2,500 words): 50%
Take-home examination (2,500 words): 50%

Workload requirements

Students will be required to attend 36 hours of seminars, and undertake approximately an additional 108 hours of private study, including reading, class preparation, assignment preparation and revision time over the duration of the course.

See also Unit timetable information

Chief examiner(s)

Associate Professor Normann Witzleb

Prerequisites

For students who commenced their LLB (Hons) course in 2015 or later: LAW1111;
LAW1114; LAW2101; LAW1112; LAW1113; LAW2102; LAW2111; LAW2111

For students who commenced their LLB course prior to 2015: LAW1100 OR LAW1101 and LAW1102 or LAW1104;