International Investment Law
Limit: 15 students
Countries around the world have negotiated a vast network of treaties designed to stimulate foreign investment. These treaties can be extremely valuable to covered investors, providing protection against expropriation and arbitrary or discriminatory treatment and an avenue for pursuing redress before international arbitration tribunals when disputes with host states arise. Yet these treaties are also controversial, because they can restrict governments’ ability to regulate in the public interest, and foreign investment can have adverse environmental and human rights impacts. This course explores investment treaties and other international law governing the treatment and regulation of foreign investment, focusing on: the scope of investment treaties and how to structure investments to secure coverage under them; the diverse substantive protections provided to investors; host state defenses to treaty claims; and the interplay between investor protections, environmental laws and regulations, and human rights.
Evaluation is based on a paper on a relevant topic of each student’s choice, subject to professor 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 credit, even if they do not use the paper to satisfy either requirement.
Meets W.I.E or Capstone Writing Requirements.
International Investment Law is an elective course for the International Law Certificate, the Business Law Certificate, and the Certificate in Energy, Innovation, and Sustainability Law.