LWMILA-International Investment Law and Arbitration

Module Provider: School of Law
Number of credits: 20 [10 ECTS credits]
Level:7
Terms in which taught: Spring term module
Pre-requisites:
Non-modular pre-requisites:
Co-requisites:
Modules excluded:
Current from: 2020/1

Module Convenor: Dr Matthew Windsor

Email: m.r.windsor@reading.ac.uk

Type of module:

Summary module description:

This module offers an in-depth introduction to the law of foreign investment and investment treaty arbitration. Through a close analysis of the substance of bilateral investment treaties and the settlement of investor-state disputes via arbitration, students will acquire understanding of the law, politics and economics of the investment treaty regime.


Aims:

The module is designed:




  • To provide a comprehensive overview of the major legal and policy debates in international investment law.

  • To evaluate the practice and process of investment treaty arbitration.

  • To stimulate the interest of students in a vital area of international economic law.


Assessable learning outcomes:

On completion of the module, students will be expected to be able to:




  • Demonstrate an understanding of the key concepts in international investment law.

  • Appraise international investment arbitration from the perspective of host states, multinational corporations and other interest groups.

  • Critically reflect on how economic globalisation shapes national regulatory preferences.


Additional outcomes:

In addition to those listed in the School’s ‘core skills statement’, the module encourages the development of:




  • Advanced research and writing skills through close analysis of primary and secondary materials on international investment law and arbitration.

  • High-level oral communication skills through reflective class discussion.



Ability to construct an effective argument based on analytical thinking. 


Outline content:

The module will cover topics such as:




  • Standards of investment protection (non-discrimination against foreign investment, fair and equitable treatment, guarantees of compensation for expropriation, and umbrella clauses).

  • Treaties, rules and institutions governing investment treaty arbitration (including the ICSID Convention, UNCITRAL Rules and megaregional agreements).

  • The process of investment treaty arbitration (jurisdiction an d admissibility, applicable law, standard of review, remedies and compensation, enforcement and compliance with arbitral awards).

  • The interpretation of bilateral investment treaties by arbitral tribunals.

  • The politics of investment treaties in developed and developing countries.

  • The impact of international investment law on environmental protection, public health and human rights.



Current challenges in investment tr eaty arbitration (transparency, consistency of decisions, appointment of arbitrators, third-party funding, proposals for a multilateral investment court).


Brief description of teaching and learning methods:

Teaching will consist of 10 two-hour seminars. A handout will be provided for each seminar with a list of required and recommended readings.


Contact hours:
  Autumn Spring Summer
Seminars 20
Guided independent study:      
    Wider reading (independent) 60
    Wider reading (directed) 60
    Preparation for seminars 20
    Essay preparation 40
       
Total hours by term 0 0
       
Total hours for module 200

Summative Assessment Methods:
Method Percentage
Written assignment including essay 100

Summative assessment- Examinations:

Summative assessment- Coursework and in-class tests:

An assessed essay of 15 pages (formatted in accordance with the School of Law’s Assessed Work Rules).


Formative assessment methods:

A formative assessment, which will be marked and returned with feedback.


Penalties for late submission:
Penalties for late submission on this module are in accordance with the University policy. Please refer to page 5 of the Postgraduate Guide to Assessment for further information: http://www.reading.ac.uk/internal/exams/student/exa-guidePG.aspx

Assessment requirements for a pass:

50% overall.


Reassessment arrangements:

See School of Law PGT Programme Handbook.


Additional Costs (specified where applicable):

Last updated: 31 July 2020

THE INFORMATION CONTAINED IN THIS MODULE DESCRIPTION DOES NOT FORM ANY PART OF A STUDENT'S CONTRACT.

Things to do now