MVV161K International Investment Law

Faculty of Law
Autumn 2014
Extent and Intensity
0/1. 3 credit(s). Type of Completion: k (colloquium).
Teacher(s)
George Khatidze (seminar tutor), doc. JUDr. Jiří Valdhans, Ph.D. (deputy)
Guaranteed by
doc. JUDr. Jiří Valdhans, Ph.D.
Department of International and European Law – Faculty of Law
Contact Person: Mgr. Věra Redrupová, B.A.
Supplier department: Department of International and European Law – Faculty of Law
Timetable of Seminar Groups
MVV161K/01: Mon 3. 11. 16:40–18:10 038, Tue 4. 11. 16:40–18:10 038, Wed 5. 11. 16:40–18:10 038, Thu 6. 11. 16:40–18:10 038, Mon 10. 11. 16:40–18:10 038, Tue 11. 11. 16:40–18:10 038, Thu 13. 11. 15:05–16:35 038, 16:40–18:10 038
Course Enrolment Limitations
The course is only offered to the students of the study fields the course is directly associated with.

The capacity limit for the course is 30 student(s).
Current registration and enrolment status: enrolled: 0/30, only registered: 0/30
fields of study / plans the course is directly associated with
there are 31 fields of study the course is directly associated with, display
Course objectives
This course aims at providing students with the basic understanding of international investment law. The main emphasis is given to substantive investment law.
This course will address the following main issue areas in a sequence of sessions throughout the entire course: sources of international investment law; evolution of bilateral investment treaties; development of multilateral, regional and sector investment agreements; definition of investment in international investment agreements; substantive standards: national treatment, most-favoured-nation treatment, fair and equitable treatment, protection against expropriation, umbrella clause; international investment law in the EU law; investment contracts and settlement of international investment disputes.
Case law of international investment tribunals will serve as a background to this analysis.
Syllabus
  • Session 1:
  • - Sources of International Investment Law: Treaties, International Customary Law, General Principles of Law, Judicial Decisions, Scholarly Writings, Soft Law, Relationship between Sources of Investment Law
  • - Bilateral Investment Treaties (BITs): History of the BIT movement; An evolution of BIT goals – Investment protection, Investment and market liberalization, Investment promotion; the BIT-Making Process; Scope of Application; Conditions for the Entry of Foreign Investments and Investors; General standards of treatment; Monetary Transfers; Operational and other Conditions; Losses from Armed Conflict or Internal Disorder; Treaty Exceptions, Modifications, and Terminations
  • - Development of Multilateral, Regional and Sector Investment Agreements: Arab States Investment Agreements; ASEAN Investment Agreements; Mercosur Investment Treaties; COMESA Treaty; North American Free Trade Agreement (NAFTA); the Energy Charter Treaty (ECT)
  • - Definition of Investment in International Investment Agreements
  • Session 2:
  • - National Treatment
  • - Most-Favoured-Nation Treatment
  • Session 3:
  • - Fair and Equitable Treatment - Expropriation
  • Session 4:
  • - Umbrella Clause
  • Assessment: Multiple-choice question test
  • Session 5:
  • - International Investment Law and the EU Law
  • Session 6:
  • - Investment Contracts (Key Clauses and their Operation): Overview of Contracts; Key Clauses (overview of clauses, forum selection, choice of law, stabilization clauses, waivers of immunity, force majeure/hardship, adaptation/renegotiation)
  • Session 7:
  • - Settlement of International Investment Disputes
  • Session 8:
  • Group Presentation
Literature
  • See Teacher's information for the full list. Materials will be distributed electronically or as photocopies before or during the course.
Teaching methods
This course will be taught using a combination of lectures, presentations and class discussions. The course materials structure the entire course program. Students are supposed to prepare and to debate them in class as well as to contribute their own insights.
Assessment methods
The type of assessment consists of one multiple-choice question test and one group presentation.
Knowledge Evaluation Forms and Criteria:
Multiple-choice Question Test: Quantity 1, Evaluation 50, Total Scores 50
Group Presentation: Quantity 1, Evaluation 50, Total Scores 50
Total: 100 points
Language of instruction
English
Further comments (probably available only in Czech)
Study Materials
The course is taught only once.
  • Enrolment Statistics (recent)
  • Permalink: https://is.muni.cz/course/law/autumn2014/MVV161K