Postgraduate taught 

International Commercial Law LLM

International Investment Law LAW5044

  • Academic Session: 2020-21
  • School: School of Law
  • Credits: 20
  • Level: Level 5 (SCQF level 11)
  • Typically Offered: Semester 2
  • Available to Visiting Students: No
  • Available to Erasmus Students: No

Short Description

The course is intended to provide students with a firm understanding of the main legal issues on the protection of investments in a transnational context. The importance of investment law is demonstrated by the exponential growth in the last decade of the volume of foreign direct investment, of Bilateral investment treaties (BITs), and arbitration of investment related disputes.

Timetable

10 x 2 hour seminars in semester 2.

Excluded Courses

None

Co-requisites

None

Assessment

The course is assessed by an essay of 2000 words (25%) and a 2 hour final examination (75%).

Main Assessment In: April/May

Course Aims

■ introduce students to the main legal questions concerning the protection of international investments;

■ give students a thorough understanding of the sources of rights and obligations related to international investments, with particular regard to Bilateral Investment Treaties (BIT) and public international law, and international investment contracts;

■ provide students with a firm foundation of knowledge on the principles and rules of the law applicable to admission, management and treatment of foreign investments;

■ offer students a detailed examination of some outstanding issues in the field of foreign investments, such as taking of foreign property, valuation and compensation;

■ give students an insight into the different dispute settlement mechanisms available to international investors, focusing on ICSID, NAFTA and ICC arbitration.

Intended Learning Outcomes of Course

By the end of the course students should:

1. the course should provide a sound basis for students to be able to analyse and advise on legal issues relating to foreign investment by multinational corporations;

2. students should have a firm understanding of the nature and content of the international treaties and contracts in the area of foreign investment;

3. students should be familiar with the outstanding questions concerning the protection of foreign investments;

4. student should be capable to advise on the main mechanisms for the resolution of disputes relating to foreign investments.

Minimum Requirement for Award of Credits

Students must submit at least 75% by weight of the components (including examinations) of the course summative assessment.