| Unit name | International Investment Law |
|---|---|
| Unit code | LAWDM0152 |
| Credit points | 30 |
| Level of study | M/7 |
| Teaching block(s) |
Teaching Block 2 (weeks 13 - 24) |
| Unit director | Dr. Paine |
| Open unit status | Not open |
| Units you must take before you take this one (pre-requisite units) |
None |
| Units you must take alongside this one (co-requisite units) |
None |
| Units you may not take alongside this one |
None |
| School/department | University of Bristol Law School |
| Faculty | Faculty of Social Sciences and Law |
Why is this unit important?
International investment law regulates the manner in which States treat foreign investors and their investments. It is one of the most dynamic and controversial areas of international law, giving rise to tens of international arbitrations every year, including billion-dollar disputes, in areas ranging from oil and gas, renewable energy, to construction and banking and finance. The field raises complex (and often novel) doctrinal legal issues, as well as policy debates concerning globalisation, the protection of private property, the appropriate role of the State, and the interests of local communities affected by foreign investment activities. The field is in many respects a unique hybrid, drawing on elements of international law, commercial law, and public law. This unit offers a comprehensive and critical introduction to international investment law. The focus is on investment treaties, although passing consideration is given to investor-State contracts and domestic foreign investment laws. This unit will equip you with the knowledge and skills to form your own views about the popular critique of ‘secret corporate courts’ that constrain States’ legitimate right to regulate.
How does this unit fit into your programme of study?
If you are pursuing a programme of study focused on international law (LLM International Law and LLM International Law and International Relations) this unit will provide you with a comprehensive introduction to one of the most dynamic, heavily litigated, and controversial sub-fields of international law. The unit will also benefit you if you are pursuing an LLM pathway focused on international/transnational aspects of commercial or corporate law (it is a recommended unit for LLM International Commercial Law, LLM Banking and Finance Law and LLM Company Law and Corporate Governance). Much of the unit raises issues regarding sustainable development (e.g. in relation to the object and purpose of investment treaties, debates over States’ right to regulate and ‘regulatory chill’) and hence the unit is also a recommended unit for LLM Environment, Sustainability and Business.
An overview of content
The topics covered in the unit will typically include the following: history and political economy of international investment law, sources of international investment law, fundamentals of investor–State arbitration (e.g. arbitral institutions/rules, challenge and enforcement of awards), coverage of investment treaties (definition of investor and investment), key substantive standards (e.g. fair and equitable treatment, expropriation, and non-discrimination standards), exceptions and defences, remedies and compensation issues, backlash and reform of international investment law, international investment law and contemporary challenges (e.g. climate change, armed conflict).
How will students, personally, be different as a result of the unit?
You will develop a sound understanding of the investment treaty regime. You will develop an understanding of ongoing attempts to reform this area of international law. The unit will develop your technical legal skills (e.g. analysing arbitral awards, developing doctrinal legal arguments). You will also develop the ability to engage in a sustained and critical manner with the policy debates raised by this area of law. Ultimately, you will be able to form and justify your own views on key controversies that have arisen in relation to this area of international law.
Learning outcomes
By the end of the unit, a successful student will be able to:
Students will learn through a combination of lectures and interactive 2-hour seminars. The seminars will be highly interactive – students are expected to prepare beforehand by completing the assigned readings and preparing draft answers to the questions provided. The unit is based around cutting-edge literature, case law and treaty practice in the field of international investment law and students must independently engage with the materials provided. The independent study expected of students will be clearly structured. The unit will also use whole cohort sessions that may focus on feedback, Q&A or revision, or ‘deep dives’ on a particular topic.
Tasks which help you learn and prepare you for summative tasks (formative):
The formal formative opportunity will consist of 500-600 words of writing on a specific legal issue. Students can expect individual written feedback on this task, and a whole cohort feedback session that will discuss general feedback and tips going forward. The formative will be typically released early in TB2 to allow students to submit their work and receive feedback before completing the summative assessment. The lectures, seminars, and other whole cohort sessions provide numerous other opportunities to gain formative feedback throughout the unit and hence students should plan to attend all scheduled classes. Office hours’ appointments and queries on the unit blackboard page provide students with additional opportunities for formative feedback.
Tasks which count towards your unit mark (summative):
The summative assessment will be a 4,000 research essay-style coursework. Independent research will be expected (going beyond the assigned, compulsory readings), and further reading lists will be provided, which will form the starting point for students’ essay research. This assessment will cover all Intended Learning Outcomes for this unit.
When assessment does not go to plan:
When a student fails the unit and is eligible to resubmit, the unit will be reassessed on a like-for-like basis with new assessment questions.
If this unit has a Resource List, you will normally find a link to it in the Blackboard area for the unit. Sometimes there will be a separate link for each weekly topic.
If you are unable to access a list through Blackboard, you can also find it via the Resource Lists homepage. Search for the list by the unit name or code (e.g. LAWDM0152).
How much time the unit requires
Each credit equates to 10 hours of total student input. For example a 20 credit unit will take you 200 hours
of study to complete. Your total learning time is made up of contact time, directed learning tasks,
independent learning and assessment activity.
See the University Workload statement relating to this unit for more information.
Assessment
The Board of Examiners will consider all cases where students have failed or not completed the assessments required for credit.
The Board considers each student's outcomes across all the units which contribute to each year's programme of study. For appropriate assessments, if you have self-certificated your absence, you will normally be required to complete it the next time it runs (for assessments at the end of TB1 and TB2 this is usually in the next re-assessment period).
The Board of Examiners will take into account any exceptional circumstances and operates
within the Regulations and Code of Practice for Taught Programmes.
