Browse Hierarchy CCLP047: Investment Treaty Arbitration
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 subject has become very topical with broader political and economic debate on ISDS. This debate has intensified in recent years and various reform projects are underway at UNCITRAL, ICSID and other international organisation. The course is divided into four main topics: Topic 1: International Investment Disputes Out-of-Court: Principles and Historical Evolution; Topic 2: ICSID; Topic 3: Bilateral Investment Treaties and Free Trade Agreements; Topic 4: Substantive Protections. Course content: Introduction: International trade and investment disputes out of court; Regulatory and institutional framework; Basic principles of dispute settlement with reference to trade and investment; Applicable law issues; ICSID Jurisdiction; ICSID Procedure; Bilateral Investment Treaties - substantive protections and state defences; Enforcement of decisions and awards; Grey zone between substance - procedure / public - private international law; Case studies.
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