About the content
Are you aware of the controversial situations facing States and foreign investors nowadays in relation to, for instance, the protection of public health and the environment? Do you recall recent cases such as Philip Morris v Uruguay and Vattenfall v Germany?
In the aftermath of these high profile cases and in the context of the negotiation of new international investment agreements, like the CETA and the TPP, local populations, policy-makers and NGOs have come to realize the societal importance of international investment law. Passionate and sometimes ill-informed discussions have resulted from this realisation. They have focused on the features of international investment law, which has traditionally granted rights to foreign investors to foster States’ economic development. Central to these discussions are the issues of:
- the balance between the protection of foreign investors and the right of host States to regulate in order to protect public welfare objectives;
- the duties and obligations of foreign investors;
- the promotion of sustainable development in international investment law;
- the legitimacy of arbitration tribunals to decide on disputes between host States and foreign investors;
- the coherence of arbitration practice.
Learning and understanding the features and dynamics of international investment law is key not only for international lawyers and policy-makers, but it is also important knowledge for all well-informed citizens.
In this law course, you will:
- discover the history of international investment law and understand the dynamics which shape its evolution;
- learn the objectives of international investment law and the specific rights international investment agreements grant to foreign investors;
- discover how those rights have been interpreted by arbitration tribunals;
- master the features and functions of investor-state arbitration;
- understand why international investment law and investor-state arbitration are currently the subject of criticism and be able to assess the soundness of this criticism;
- gain insight into the content of treaties newly concluded, and be able to assess how they address the issues of the right of host States to regulate, of foreign investors’ obligations and of the legitimacy of arbitration tribunals.
Knowledge of the fundamentals of International Law (subjects and sources of International Law/ principles governing international responsibility). Such knowledge may be acquired by the successful completion ofLouv5x – International Law. In addition, students should be familiar with the requirements of graduate-level courses and should preferably have already followed some law courses in order to be familiar with legal concepts and legal language.
At the end of this course, you’ll be able to:
- relate the history and evolution of international investment law and comment on current controversies and criticisms;
- analyse the law and practice of international investment law;
- understand the functioning of investment arbitration.
Professor of Public International Law
Université catholique de Louvain
The creation of Universities as an institution was one of the best things to come out of the Middle Ages. The institution's commitment to extending the boundaries of human knowledge, transmitting this knowledge, and thereby increasing the humanity of the human race has kept it at the forefront of civilization in the 21st century. The Université catholique de Louvain has played a part in this process with pride since 1425.
But above all, UCL's mission to be a great European university is directed towards the future. It takes in teachers, researchers and students from far and wide and the need for strict quality control has never been higher. The internationalization of tertiary education brings new challenges. Inspired by a long history of welcoming others, the university campuses are developing into living communities.
UCL is a microcosm of the world it serves. It is a centre of knowledge and innovation, a place of cultural celebration and invention, of achievement and extending the limits of human accomplishment.
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