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QLLM398 Investment Arbitration: Substantive Protection (Sem 2)

Cannot be taken with QLLM187/QLLM188.

Module description

The legal environment for international trade and foreign investment has changed dramatically since the end of the Cold War. Foreign investors are much more willing to pursue a claim of, for example, alleged expropriation or discriminatory behaviour by a host State. Further, public international law principles must also be considered once a state is involved. Principles of state responsibility, expropriation and acts tantamount to expropriation, what comprises fair and just compensation, immunity from suit and immunity from execution. These public international law principles overlap somewhat uncomfortably with the commercial interests of foreign investors. Developments in investment arbitration and trade dispute resolution have been rapid in recent years. It is now crucial that academics and legal practitioners are aware of the complex international legal elements involved in the resolution of investment and trade disputes.

The module is divided into three main topics:

  • Topic 1: Major Treaty Systems - Fragmentation and new Regionalisation (two sessions)
  • Topic 2: Case Law of and case studies relating to Substantive Protection (six sessions)
  • Topic 3: Specific Policy issues (3 sessions).

Prerequisites

None

Applicable Groupings

Mode of Assessment

2.15 hour written examination

Credits

22.5 credits

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