Module 1: History of International Investment Law Students should have a basic knowledge of international law. The course focuses on the protection of foreign investments under international law. This is done on the basis of contract law – i.e. bilateral and multilateral investment protection treaties – as well as customary international law. Key concepts such as expropriation, fair and equitable treatment, state responsibility and attribution are addressed. Another important aspect of this module is the interpretation of treaties on the basis of the Vienna Convention on the Law of Treaties. The protection of foreign investments has long been part of international law. But in recent decades, the field has changed considerably. Whereas foreign investors previously relied on diplomatic protection from their home countries, international investment law is now based on a system of arbitration of disputes between individual investors and host Governments. This area is now of real and practical importance, both for firms investing abroad and for host countries where such investments are made, particularly developing countries. The course deals with the relationship between foreign investors and host country governments under international law.
The course focuses on protecting the rights of foreign investors against the exercise of state authority, but the liability of foreign investors is also covered. An immediate outcome of Columbia`s Second International Investment Conference “What`s Next in International Investment Law and Policy?” (30.-31. October 2007), was the start of an international investment project. Prof. Dr. Andrea K. Bjorklund of the University of California, Davis, School, School of Law, is leading the project on behalf of the Columbia Center on Sustainable Investment (CCSI). The ultimate goal of the project is to create model programs for international investment law and make them available to higher education institutions around the world, particularly in emerging markets. Other study programmes on foreign direct investment law and policy: International Investment Law (5011): In recent decades, the number of bilateral investment treaties and other agreements with investment provisions has increased considerably, followed by a sharp increase in the number of disputes between private investors and sovereign States under dispute settlement provisions between investors and states (ISDS). This course will cover four main areas: (I) the historical and political origins of international investment law; (ii) substantive obligations and norms governing investor-State relations; (III) investor–state arbitration; and (IV) current controversies over the legitimacy and appropriateness of ISDS. The course uses materials from IIT texts, case law and commentaries to enable students to evaluate legal doctrine and apply it to future situations. Students will create a variety of writing assignments such as case commentaries and short “memoirs.” After the start of the semester, students admitted to the course may, with the consent of the instructor, move from section (01) to section (02) that meets requirement R.
Elements used in grading: class attendance, attendance and homework(s). In June 2011, we published three “model” programmes in the area of international investment law and international investment policy. One is designed for a one-semester course that covers both the political aspects of international investment law and dispute settlement. The other two are designed to complement each other for an entire academic year, with the first semester focusing on policy and the second semester on dispute resolution. We hope they will help those interested in teaching investment law when considering structuring their courses – these are simply models that individuals may want to adapt to their private lessons. Curricula are not set in stone; They will evolve as investment law evolves. With that in mind, we look forward to your suggestions for improvement. Learn about the characteristics and dynamics of an important area of international law that grants rights to foreign investors to promote the development of states. The first step to achieving this goal was to find out what courses are currently offered and what content they have. Therefore, we have assembled curricula in the field of international investment law and related public policy issues (see below). We invite experts in international investment law and policy to continue to send their programs to Professor Bjorklund.
The ISAC also hosted two faculty advisory workshops where participants from more than a dozen institutions came together to review model curricula, identify gaps, and discuss topics that should be addressed in model curricula.