Course title

International Investment Law 1

Responsible person
KAWASHIMA Fujio、Nikos LAVRANOS、Eco HAMERSMA
to enter grades
Numbering CodeJ2ML600

Day・Period, etc. Fri5(対面)

開講区分

単位数

1st semester

2.0

Timetable Slot
Code

1J386

Lesson topic
This course will cover the main elements of “international investment law” and “investment treaty arbitration”.
The outline of the course can be broadly divided into two elements. We will start with a historical overview
outlining contemporary notions of international investment law. In doing so we will cover the development andorigins of treaty systems. The perspective we will take for this first section will be from Japan, using local
examples to explain what have become international standards. The second element of this course is focused onteaching all the contemporary aspects of international investment law and treaty arbitration. Here students gain
the theoretical knowledge to put arbitration into practice. Furthermore, we will cover the most recent developments
in Europe, Asia, and within the UNCITRAL Working Group III. Moreover, at the end of the course students will
participate in a mock arbitration case will be done by the students in order to apply their theoretical knowledge
into practice.
Lesson target
Upon completing the course, students will have an understanding of the following topics and be able to apply themin practice:• Origins of International Investment Treaties (Based on Japanese historical examples)• Introductory principles of International Investment Law• Protection Standards contained in investment treaties• Procedural aspects of investment treaty arbitration• The arbitration process• Recognition, enforcement, annulment, setting aside procedures• Recent developments in International Investment Law

Syllabus and plan
There will be a total of fifteen lectures covering the following topics.
April 12 (Fri)- Introduction into International Investment Law- Background on the Japanese entry into the international system- History and sources of International Investment Law
April 19 (Fri)- Continuation
April 26 (Fri)- Continuation
May 1 (Wed) (No class on May 3)- Protection Standards contained in investment treaties- Public interests limitations on foreign investors’ protection- Obligations to protect and respect public interests
May 10 (Fri)- Continuation- Student Presentations
May 17 (Fri)- Continuation
May 24 (Fri)- Procedural aspects of investment treaty arbitration
May 31 (Fri)- Continuation
June 7 (Fri)- Recognition, enforcement, annulment, setting aside procedures
June 14 (Fri)- The arbitration process
June 21 (Fri)- A look inside a functional tribunal
June 28 (Fri)- Recent developments in International Investment Law
July 5 (Fri)- Recent developments in International Investment Law- Q&A session
July 12 (Fri): Online in real time
- Special guest lecture of Prof. Nikos Lavranos, Secretary-General of the European Federation of Investment Law andArbitration (Date tentative)- Q&A session(No class on July 19)
July 26 (Fri)- Mock Arbitration- Prof. Nikos Lavranos will be in the tribunal for this processEvaluation method
Your final grade will be calculated according to the following process:Presentation 1 15%
Presentation 2 15%
in-class contribution: 15%
Mock arbitration performance: 25%
Final Essay 30%

Evaluation baseline• Students should be able to explain the main concepts and definitions of “international investment law” and“investment treaty arbitration” as well as recent developments in those areas.
• Two presentations are expected, where in the first the student applies the historical example of Japan toextrapolate their own countries entry into the international system. For Japanese students they can either selectanother country of their choice to do the same, or discuss an aspect not covered in the course.
For the second presentation the student applies practical knowledge by discussing an investment treaty of their owncountry.
• For the mock arbitration, students are to defend the position of either the host state or investor in a practicalexample of an investment dispute.
• The Final Essay should be completed with appropriate research questions, hypotheses, logical arguments, evidence
based on the discussion in the course. Proper references will be required.

Notice (include info. on related class)Prior to taking this course, students are expected to have knowledge of public international law, international
economic/trade law and as well as a general understanding of the international relations system. Knowledge of theeconomic/historical circumstances in East Asian during the early modern period would be a plus.

Review and preparation
Preparation: Read all the assigned materials (the Textbook chapters and the PowerPoint slides) and prepare thecase-law before each lecture.
Review: Read the materials again and develop better understanding of the topics covered during the course.
Kobe University requires 45 hours of study from students to award one credit, including both in-class instructions
as well as study outside classes. Students are required to prepare for each class and complete the review after
each class, depending on the respective class goals.

Office hour・Contact information
Contact details will be announced during the course.

Message for student
Please make sure that you have the Textbook before the course starts.
The classes will be structured as follows: After we have completed the historical overview, students will be asked
to prepare the first presentation. After we have completed the contemporary section students will again be asked tomake a presentation. In both cases students will be assessed on their ability to apply the knowledge they havelearned.
Improvemenets in TeachingText
https://www.cambridge.org/core/books/international-investment-law/7C4F917B6618E808EB10542C0ED24670#fndtninformation
Rules and Practices of International Investment Law and Arbitration / Yannick Radi : Cambridge University Press,2020 ,ISBN:
Reference Material
1. ICSID Convention (2022),
https://icsid.worldbank.org/sites/default/files/documents/ICSID_Convention.pdf
2. UNCITRAL Arbitration Rules,
https://docs.pca-cpa.org/2016/01/UNCITRAL-2013-English.pdf
3. New York Convention (1958),
http://www.newyorkconvention.org/11165/web/files/original/1/5/15432.pdf
4. CPTPP,
https://www.dfat.gov.au/trade/agreements/in-force/cptpp/official-documents/Pages/official-documents
5. EU-JAPAN FTA
https://www.mofa.go.jp/policy/economy/page6e_000013.html
6. EU-Singapore FTA
7. https://trade.ec.europa.eu/access-to-markets/en/content/eu-singapore-free-trade-agreementRCEP
https://rcepsec.org/legal-text/
8. CETA
https://ec.europa.eu/trade/policy/in-focus/ceta/ceta-chapter-by-chapter/
9. NAFTA/USMCA
https://ustr.gov/trade-agreements/free-trade-agreements/united-states-mexico-canada-agreement/agreement-between
10. ECT (1994)
https://www.energycharter.org/fileadmin/DocumentsMedia/Legal/ECTC-en.pdf
11. ECT (revised 2022 text, not yet adopted)
https://www.energycharter.org/fileadmin/DocumentsMedia/CCDECS/2022/CCDEC202210.pdf
12. Dutch Model BIT text (2019)http://arbitrationblog.kluwerarbitration.com/wp-content/uploads/sites/48/2020/05/new-model-Netherlands-BIT.pdf
http://arbitrationblog.kluwerarbitration.com/
https://efila.org/

Classroom Language
EnglishKeywords
International Law; Foreign Investment; International Arbitration; History; Exchange Student