LWMILA-International Investment Law and Arbitration

Module Provider: School of Law
Number of credits: 20 [10 ECTS credits]
Level:7
Terms in which taught: Spring term module
Pre-requisites:
Non-modular pre-requisites:
Co-requisites:
Modules excluded:
Current from: 2021/2

Module Convenor: Dr Kyriaki Noussia
Email: k.p.noussia@reading.ac.uk

Type of module:

Summary module description:

This module offers an in-depth introduction to the law of foreign investment and investment treaty arbitration. Through a close analysis of the substance of bilateral investment treaties and the settlement of investor-state disputes via arbitration, students will acquire understanding of the law, politics and economics of the investment treaty regime.

Aims:

The module is designed:

• To provide a comprehensive overview of the major legal and policy debates in international investment law.


• To evaluate the practice and process of investment treaty arbitration.


• To stimulate the interest of students in a vital area of international economic law.

Assessable learning outcomes:

On completion of the module, students will be expected to be able to:

• Demonstrate an understanding of the key concepts in international investment law.


• Appraise international investment arbitration from the perspective of host states, multinational corporations and other interest groups.


• Critically reflect on how economic globalisation shapes national regulatory preferences.

Additional outcomes:

In addition to those listed in the School’s ‘core skills statement’, the module encourages the development of:

• Advanced research and writing skills through close analysis of primary and secondary materials on international investment law and arbitration.


• High-level oral communication skills through reflective class discussion.


• Ability to construct an effective argument based on analytical thinking.Ìý

Outline content:

The module will cover topics such as:

• Standards of investment protection (non-discrimination against foreign investment, fair and equitable treatment, guarantees of compensation for expropriation, and umbrella clauses).


• Treaties, rules and institutions governing investment treaty arbitration (including the ICSID Convention, UNCITRAL Rules and megaregional agreements).


• The process of investment treaty arbitration (jurisdiction an d admissibility, applicable law, standard of review, remedies and compensation, enforcement and compliance with arbitral awards).


• The interpretation of bilateral investment treaties by arbitral tribunals.


• The politics of investment treaties in developed and developing countries.


• The impact of international investment law on environmental protection, public health and human rights.


• Current challenges in investment treaty arbitration (transparency, consistency of decisions, appointment of arbitrators, third-party funding, proposals for a multilateral investment court).

Brief description of teaching and learning methods:

Teaching will consist of 10 two-hour seminars. A handout will be provided for each seminar with a list of required and recommended readings.

Summative assessment- Examinations:

Summative assessment- Coursework and in-class tests:

An assessed essay of 15 pages (formatted in accordance with the School of Law’s Assessed Work Rules).

Formative assessment methods:

Penalties for late submission:

The below information applies to students on taught programmes except those on Postgraduate Flexible programmes. Penalties for late submission, and the associated procedures, which apply to Postgraduate Flexible programmes are specified in the policy 􀀓Penalties for late submission for Postgraduate Flexible programmes􀀔, which can be found here: