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Law Courses Catalog

International Investment Law Seminar

NOTE: This course description is new for the 2016-2017 academic year. You may read the prior course description immediately below this new one. 

2016-2017

Limit: 15 students

Countries around the world have negotiated a vast network of treaties designed to stimulate foreign investment, and the list continues to grow—as illustrated by ongoing efforts to conclude “mega treaties” like the Trans-Pacific Partnership (TPP) and Transatlantic Trade and Investment Partnership (TTIP). Such treaties can be extremely valuable to covered investors, and often play a significant factor in planning and structuring foreign investments. Yet they are also controversial, because of their potential to restrict governments’ ability to regulate in the public interest, and the fact that they typically allow investors to bring claims against host states before private international arbitral tribunals. This seminar explores investment treaties and other international law governing the treatment and regulation of foreign investment, as well as the challenge of balancing investor protections, environmental laws and regulations, and human rights. Consideration is also given to related issues such as the structuring of foreign investments and treaty-based dispute resolution.

Evaluation is based on a paper on a relevant topic of each student’s choice, subject to approval. It is expected that each student will make a class presentation on the topic of his or her paper. Students may use this class to satisfy the Capstone or W.I.E. writing requirements. Students who write a paper that satisfies the Capstone or W.I.E. criteria will be eligible for an additional 1-unit individual research credit, even if they do not use the paper to satisfy either requirement.

Meets W.I.E or Capstone Writing Requirements.

This course qualifies as an International Law Certificate class and a Business Law Certificate Level 4 class.

NOTE: The below course description applied prior to the 2016-2017 academic year.

Limit: 15 students

In recent years, governments around the world have negotiated a vast network of treaties designed to stimulate foreign investment. These treaties give substantial rights and protections to covered investors, and it is important for anyone involved in international business to be familiar with them. Meanwhile, the activities of multinational enterprises are increasingly attracting controversy because of their potential adverse impacts on the environment and local communities. This seminar explores investment treaties and other international law governing the treatment and regulation of foreign investment, as well as the challenge of balancing the competing interests and goals implicated by foreign investment, including investor rights and protections, economic development, the sovereignty of host states, protection of the environment, and human rights. Consideration is also given to related issues such as the structuring of investments to secure treaty protection, and treaty-based dispute resolution.

Evaluation is based on a paper on a relevant topic of each student’s choice, subject to approval. It is expected that each student will make a class presentation on the topic of his or her paper. Students may use this class to satisfy the Capstone or W.I.E. writing requirements.

Meets Seminar Requirement, W.I.E or Capstone Writing Requirements.

Qualifies as a Business Law Certificate Level 4 class and a Global Law Certificate class.