International Investment Law

International investment law is emerging as a distinct and important field of international law. The explosive growth of “investor-state” arbitration creates opportunities for practicing attorneys to assist the evolution of this field, while also drawing on and contributing to international law more broadly. These arbitrations often allege breaches of bilateral or multilateral investment treaties and they are often heard by tribunals established by the International Centre for Settlement of Investment Disputes (ICSID), which is part of the World Bank group. As a result, these arbitrations also raise important questions both about the rights and obligations of international investors (e.g., whether they should have substantive and procedural rights beyond those afforded domestic investors) and about the appropriate mechanisms for resolving investment disputes (e.g., whether the public should have the right to see and participate in what had traditionally been confidential proceedings). This course examines the substantive law governing international investment, explores how rights and obligations can be enforced in an investment dispute, and considers the proper role of investment law in the international legal system. No prerequisites are required, although students will find it helpful to take previously or simultaneously other international courses, such as International Law, International Finance, or International Trade. There will be a final exam in this course.