LW6160E - Investor-State Dispute Settlement | ||||||||
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| * The offering term is subject to change without prior notice | ||||||||
Course Aims | ||||||||
In practice, international investment agreements (IIAs) entail conflicts of interest between the investor and the host state over the nature of the control that could be exercised over the foreign investment. Essentially, the investor's interest is to control its investment within a stable and predictable legal regime, while the host state seeks to exert its sovereign power to define its policies. Investor-state arbitration is deemed to be a crucial feature of foreign investment protection because it provides access to a neutral forum for the settlement of disputes. Investor-state arbitration is not only an alternative to the domestic courts of the host state, but also a technique that 'depoliticises' the disputes, by removing them from the intergovernmental political relationship between the home state and the host state. The course on "Investor-State Dispute Settlement" would be more than a course on arbitration. In fact, it is designed as a specialized course which pays attention to the great specifity of Investor-State Dispute Settlement. The principal objective of the course is to familiarize the participants with the negotiation, formulation and interpretation of investment treaties with particular emphasis on dispute resolution, valuation of damages and enforcement. The students will acquire the knowledge of the basics of investment treaty laws, contracts and on how and when to initiate arbitration proceedings against entities that violate investment agreements. The goal is to enable the students to learn the art of creating an investment climate crucial for stimulating economic activity through bilateral investment treaties and investment contracts. At the end of the training students will be equipped to protect and promote the economic and financial interests of private and public stakeholders. By the end of this course, students will be able to:
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Assessment (Indicative only, please check the detailed course information) | ||||||||
Continuous Assessment: 20% | ||||||||
Examination: 80% | ||||||||
Examination: Students will be assessed via the examination their understanding of concepts learned in class, textbooks, reading materials and their ability to apply subject related knowledge. Applicable to students admitted before Semester A 2022/23 and in Semester A 2024/25 & thereafter This is an open-book exam. Students must obtain a minimum mark of 40% in the final examination and an overall mark of 40% in order to pass the course. When University facilities and resources are available, students are required to take a computer-based examination in computer labs. During the examination, students are blocked from access to files, programme and the Internet. Applicable to students admitted from Semester A 2022/23 to Summer Term 2024 This is an open-book exam. Students must obtain a minimum mark of 50% in the final examination and an overall mark of 50% in order to pass the course. When University facilities and resources are available, students are required to take a computer-based examination in computer labs. During the examination, students are blocked from access to files, programme and the Internet. | ||||||||
Examination Duration: 3 hours | ||||||||
Detailed Course Information | ||||||||
| LW6160E.pdf | ||||||||
