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| Udgave: |
Jura Kandidatuddannelsen 2011/2012 |
| ECTS points: |
10 ECTS |
| Punkter: |
10 ECTS |
Semester: |
Autumn 2011 |
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| Uddannelsesdel: |
Kandidat niveau |
| Kontaktpersoner: |
Fagansvarlig: Lone Wandahl Mouyal |
| Andre undervisere: |
Associate Professor Ole Spiermann, Ph.D-fellow Lone Wandahl Mouyal |
| Undervisnings- periode: |
Wednesday 1-4
1. day Wednesday 7.9.2011 |
| Formål: |
There has been a surge in international arbitral proceedings involving the protection of foreign investments, mainly thanks to more than 2,500 bilateral and multilateral investment protection treaties now in force. Many of the treaties allow for international arbitration between the foreign investor and the host state, without the home state of the investor. Foreign investment law is about to become one of the most important fields in the practice of public international law of relevance to practitioners in also smaller states such as Denmark. There are numerous awards that are public available, some of which have resulted in vast amounts of damages awarded to the investors. At the same time, the field presents significant theoretical complications, such as the status of individuals as subjects of international law and the relationship to classic fields of public international law concerning the protection of aliens and diplomatic protection. Lastly, it seems that international investment law in the future may evolve with the increasing influence from human rights law.
The Course aims to:
- assist students to develop an understanding of the issues involved in the regulation of foreign investments
- give them a basic working knowledge of the international law for the protection of foreign investments, both in general international law and under investment treaties
- develop an awareness of the importance of foreign investment law
- understand the relevance of public international law to international business
- understand how human rights may influence international investment law.
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| Indhold: |
The course falls in three parts:
FUNDAMENTALS
1. Introduction and protection of property in Europe: constitutions, the ECHR, the EU
2. Relevant general International Law aspects
INVESTMENT PROTECTION
3. Investment protection treaties and ICSID
4. Expropriation
5. Standards of treatment: Fair and equitable treatment
6. Standards of treatment: National treatment and Most-Favoured-Nation treatment
7. Other substantive standards, including discrimination
8. Umbrella clauses and contract claims
9. The practical conduct of arbitration
10. The intersection of international investment law and human rights.
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| Kompetence- beskrivelse: |
The main objective of the course is to acquaint students with knowledge about international investment law. The course will enable the students to:
- Present and explain theoretical and practical problems relating to the protection of foreign investments.
- Identify complicated legal problems and relevant principles that apply to investment protection.
- Analyse complex legal issues relating to investment protection based on various relevant and professional approaches within the field of international law.
- Argue in favour of professional solutions, make a critical weighing of the relevant arguments and make a reasoned choice in relation to theoretical and practical solutions.
- Utilize international legal materials in a rational and professional way.
- To reflect on new trends and the development of international investment law and put into perspective the concrete problems of the course subject in a way that shows that she/he has a professional breadth of view in relation to and knowledge about international investment law.
- Communicate and formulate her/his knowledge and arguments professionally in a way that is structured and coherent.
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| Faglige forudsætninger: |
The required text is in English and all class discussions will be conducted in English. Students will be required to be able to read, speak and understand English at a reasonable academic level. The classes will involve frequent interaction between the teacher and students. |
| Eksamensform: |
Oral in English |
| Eksamen: |
12.-16. December 2011
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| Kursus hjemmeside: |
 |
| Pensum: |
Rudolph Dolzer and Christoph Schreuer: Principles of Foreign
Investment Law, Oxford University Press, 2008, approximately 290 pages of which are to be read.
Binder of course materials, approximately 230 pages.
Total: 520
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| Undervisnings- sprog: |
Kun engelsk
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| Sidst redigeret: |
20/6-2011 |