Course title

International Investment Law 1

Teacher(s)Nicos LAVRANOS、TAMADA Dai

Numbering CodeJ2ML600

Day・PeriodOther

開講区分

単位数

1st semester

2.0

Timetable Slot
Code1J386

Lesson topic
This course will cover the main elements of “international investment law” and “investment treaty arbitration”.
In addition, recent developments in Europe, in Asia and within the UNCITRAL Working Group III will be covered.
Moreover, at the end of the course 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:• 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 planThis course is provided via online (real-time). There will be a total of fifteen lectures covering the followingtopics.
1. Introduction into International Investment Law• Historic overview of the development of international investment law• The origins and sources of investor-state arbitration• The role of diplomatic protection in investment disputes and drawbacks and advantages of diplomatic protection• The purpose and main content of an investment treaty• The main institutions involved in international investment law• Recent developments in international investment law from a global perspective
2. Protection Standards contained in investment treaties• The beneficiaries of investment treaties (who is protected? what is protected?)• The protection standards contained in investment treaties
o FET (European style+ NAFTA style minimum standard of customary international law, new CETA FET)o MFN, NTo umbrella clauseo Full protection and securityo Exceptions (tax carve out, denial of justice)
3. Procedural aspects of investment treaty arbitration• The main procedural requirements for initiating an investment treaty arbitration claim• Consent• “cooling off period”• Exhaustion of local remedies• “fork-in-the-road” clause• Arbitration institutions and regimes: ICSID and non-ICSID investment arbitration• Choice of arbitration rules (ICSID, UNCITRAL, SCC)
• The importance of the seat of arbitration in non-ICSID cases• The selection process of arbitrators, the constitution of the tribunal• Challenge of arbitrators, ethics, impartiality and independence of arbitrators• jurisdiction and admissibility, objections to jurisdiction• Sectoral exclusions, mail box companies, double nationality, host state national
4. The arbitration process• The jurisdictional phase• The merits phase• Main principles of interpretation and application of investment treaties• Written procedure, oral hearings, cross examination of expert witnesses• The damage calculation (various methods of calculating damages)• Costs, length of arbitration• Third part funding• The emergency procedure
5. Recognition, enforcement, annulment, setting aside procedures• The various options of annulment of awards and setting aside procedureso at ICSID
o before national courts (non-ICSID)o indirectly before the CJEU
• The various procedures for enforcement of arbitral awards under the ICSID Convention and the New York Convention
on the Recognition and Enforcement of Arbitral Awards• Sovereign immunity in enforcement proceedings

6. Recent developments in International Investment Law• The exit of several south American states from ICSID• The termination of BITs by an increasing number of states• The public debate against ISDS and BITs in Europe• The problems of finalizing investment treaties (CETA, TTIP)• The reform efforts (modification protection standards, filter mechanisms, the UNCITRAL transparency rules)• The newly proposed investment court system (ICS) in EU investment treaties• The push for the creation of a multilateral investment court• The push towards “inclusive” and “good” investments• The developments in Asia (EU-Japan FTA, EU-Singapore FTA, EU-Vietnam FTA, CPTPP, RCEP)
7. Practical session:• Mock arbitrationo The group of students will be split into three groups (claimant, respondent and tribunal) and will argue a casebefore the tribunal and which will be decided by the tribunal.
o The case will be given to students at the end of the first class, so that they have sufficient time to prepare

Evaluation method
Your final grade will be calculated according to the following process:Final Essay: 60%, In-class contribution: 20%, Mock arbitration performance: 20%
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.
The Final Essay should be completed with appropriate research questions, hypotheses, logical arguments, evidence
based on the discussion in the course. References are also required.
Notice (include info. on related class)Prior to taking this course, students are expected to have advanced knowledge of public international law,international economic/trade law and preferably EU law.
Review and preparation
Preparation: Read all the assigned materials (the Textbook chapters and the PowerPoint slides) and prepare thecase-law before each lecture. The designated textbook “Rules and Practices of International Investment Law andArbitration” is available in PDF with a limited period of time. Details will be notified to students who haveregistered the course.
Review: Read the materials again and develop better understanding of the topics covered during the course.
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.
Slides will be made available to students before each class.
The two classes in the week will be structured as follows: the first class will introduce the topic of the week andcover the topic on a general level. The second class will allow for more discussion with students and any
assignments will be presented in that class.
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,
https://icsid.worldbank.org/sites/default/files/ICSID%20Convention%20English.pdf
2. UNCITRAL Arbitration Rules,
https://docs.pca-cpa.org/2016/01/UNCITRAL-2013-English.pdf
3. New York Convention,
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://trade.ec.europa.eu/doclib/press/index.cfm?id=1684
6. EU-Singapore FTA
https://trade.ec.europa.eu/doclib/press/index.cfm?id=961
7. RCEP
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. ECThttps://www.energycharter.org/fileadmin/DocumentsMedia/Legal/ECTC-en.pdf
11. Dutch Model BIT text 2019,http://arbitrationblog.kluwerarbitration.com/wp-content/uploads/sites/48/2020/05/new-model-Netherlands-BIT.pdf

Classroom Language
EnglishKeywords
International Law; Foreign Investment; International Arbitration, remote class, exchange student