International Investment Law from edX

Are you aware of the controversial investor-State disputes and arbitral awards in which the public interest has been at stake, for instance, the protection of human rights 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 treaties, like the CETA and the TPP, local populations, policy-makers and NGOs have come to realize the societal importance of international investment law and arbitration. Passionate and sometimes ill-informed discussions have resulted from this realization. They have focused on the features of international investment law, which has traditionally granted rights to foreign investors notably to foster States’ economic development. Central to these discussions are the issues of:

the balance between the protection of foreign investments/investors and the right of host States to regulate in order to protect public interest objectives;
the regulation of foreign investments, i.e., 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 and arbitration 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 arbitration as well as understand the dynamics which shape its evolution;
learn the objectives of international investment law and the specific rights international investment agreements (bilateral investment treaties and free trade agreements’ investment chapters) grant to foreign investors, for instance the fair and equitable treatment and the prohibition of illegal expropriation;
discover how those rights have been interpreted in investment treaty arbitration;
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 the 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.

What's inside

Learning objectives

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.
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.
At the end of this course, you’ll be able to:

Syllabus

Module 1: The history of international investment law

Genesis, development and current features of international investment law

Module 2: The standards of treatment

The fair and equitable treatment standard

The full protection and security standard

The national treatment and most-favoured-nation treatment standards

The ‘umbrella clause’

Module 3: The protection against illegal expropriation

The categories of expropriation

The conditions of legality of expropriation

The identification indirect expropriation’s instances

‘Regulatory measures’ versus ‘expropriatory measures’

Module 4: Investor-state arbitration: institutional and procedural aspects

The features of the settlement of investor-state disputes

The jurisdiction of arbitration tribunals

Provisional measures

Annulment proceedings

Module 5: Investor-state arbitration: interpretation, applicable law and State responsibility

Interpretation

Applicable law

Circumstances precluding wrongfulness

Reparation

Module 6: The future of international investment law

The future of investor-state dispute settlement

The protection of sustainable development

The obligations of foreign investors

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Reviews summary

Multiple choice exams

Learners say teachers canceled planned essays on exams but kept multiple choice questions. This led to confusion and frustration among learners.

Some practice questions contained no correct answer options.

"In addition, I noticed in two practice questions that all options or potential options gave a wrong answer."

Instructors made confusing course changes.

"Exams are multiple choice with several potential answers and the student does not partial credit that he or she has correct."

"Also, the instructions mentioned that the students working for a verified certificate were going to have an essay as part of the examination and that this essay was going to be graded by the instructor. Apparently this part of the Midquarter was eliminated so that the instructor did not have to work."

Activities

Be better prepared before your course. Deepen your understanding during and after it. Supplement your coursework and achieve mastery of the topics covered in International Investment Law with these activities:

Review 'International Investment Law and Arbitration'

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Familiarize yourself with one of the foundational textbooks of this course.

View Rules and Practices of International Investment... on Amazon

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Read Chapters One and Two
Be prepared to answer questions about the assigned material

Review notes and materials from previous courses related to international law

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Refresh your foundational knowledge and build upon existing skills.

Browse courses on International Law

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Gather notes and materials
Review key concepts and principles
Identify areas where you need additional support

International Law Review

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Review key concepts of international law, including treaties and arbitration, to strengthen your understanding and preparation for this course.

Browse courses on International Law

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Skim the course syllabus to note key concepts.
Review lecture notes and textbooks from previous international law courses.
Read introductory articles on international law and international investment law.

Ten other activities

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Attend a workshop on the practical aspects of international investment arbitration

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Gain insights from experts and network with professionals in the field.

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Identify relevant workshops
Register and attend the workshop
Participate actively and ask questions

Investment Treaty Arbitration Tutorials

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Follow guided tutorials on investment treaty arbitration to gain a deeper understanding of the procedures and processes involved.

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Research online tutorials or courses on investment treaty arbitration.
Identify reputable organizations or institutions offering tutorials.
Follow the tutorial instructions and complete exercises.
Seek clarification from experts or peers if needed.

Investment Law Discussion Groups

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Engage with peers in discussions on investment law topics to share perspectives, clarify concepts, and enhance your understanding.

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Join or create a study group or online discussion forum.
Identify discussion topics related to the course material.
Prepare talking points and research to support your arguments.
Participate actively in discussions, sharing your insights and listening to others.
Summarize key takeaways and follow up with additional research if needed.

Follow the step-by-step tutorial on how to conduct an investment arbitration analysis

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Gain practical knowledge of analyzing investment arbitration cases.

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Locate the tutorial on the course website
Follow the instructions and complete the exercises
Identify the key steps involved in investment arbitration analysis

Complete the online practice quiz on international investment law

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Test your understanding of key legal principles.

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Access the online quiz provided by the instructor
Answer the questions to the best of your ability
Review your results to identify areas for improvement

Participate in a peer-led discussion on the challenges of investor-State arbitration

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Engage with fellow learners to deepen your understanding and broaden perspectives.

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Prepare talking points based on the course material
Join the discussion and actively participate
Listen to others' perspectives and ask clarifying questions

Investor-State Dispute Analysis

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Analyze a real-world investor-state dispute case to apply your knowledge and develop analytical skills in international investment law.

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Identify a recent or high-profile investor-state dispute case.
Gather relevant documents, such as arbitration awards, pleadings, and expert reports.
Analyze the facts, legal arguments, and outcome of the case.
Write a report summarizing your analysis and insights.
Share your analysis with peers or experts for feedback.

Write a blog post explaining the key features of international investment law

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Strengthen your understanding by explaining the concepts to others.

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Identify key concepts to cover
Research and gather information
Write a draft of the blog post
Review and edit for clarity and accuracy

Guide a newer student who is struggling with the concepts of international investment law

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Solidify your understanding by teaching and assisting others.

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Identify a student who could benefit from your help
Review the course material and prepare to answer questions
Meet with the student regularly and provide guidance and support

Develop a presentation on the future of international investment law

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Explore cutting-edge issues and demonstrate your knowledge.

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Research emerging trends and developments
Create an outline and structure your presentation
Gather supporting data and evidence
Rehearse and refine your presentation skills

Career center

Learners who complete International Investment Law will develop knowledge and skills that may be useful to these careers:

Professor

Professors teach and conduct research at colleges and universities. This course, International Investment Law, may be helpful for this career path as it covers topics such as the history and evolution of international investment law, the standards of treatment for foreign investors, and investment-state arbitration.

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Arbitrator

Arbitrators resolve disputes between parties. This course, International Investment Law, may be helpful for this career path as it covers topics such as the history and evolution of international investment law, the standards of treatment for foreign investors, and investment-state arbitration.

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Researcher

Researchers conduct research on a wide range of topics. This course, International Investment Law, may be helpful for this career path as it covers topics such as the history and evolution of international investment law, the standards of treatment for foreign investors, and investment-state arbitration.

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Mediator

Mediators help disputing parties reach agreement. This course, International Investment Law, may be helpful for this career path as it covers topics such as the history and evolution of international investment law, the standards of treatment for foreign investors, and investment-state arbitration.

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Diplomat

Diplomats represent their countries' interests abroad and work to promote peace and cooperation. This course, International Investment Law, may be helpful for this career path as it covers topics such as the history and evolution of international investment law, the standards of treatment for foreign investors, and investment-state arbitration.

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Compliance Officer

Compliance Officers work to ensure that their organizations comply with all applicable laws and regulations. This course, International Investment Law, may be helpful for this career path as it covers topics such as the history and evolution of international investment law, the standards of treatment for foreign investors, and investment-state arbitration.

See salaries and explore the career path for Compliance Officer

Foreign Service Officer

Foreign Service Officers represent the United States government overseas and work to promote American interests. This course, International Investment Law, may be helpful for this career path as it covers topics such as the history and evolution of international investment law, the standards of treatment for foreign investors, and investment-state arbitration.

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Policy Analyst

Policy Analysts research and analyze public policy issues. This course, International Investment Law, may be helpful for this career path as it covers topics such as the history and evolution of international investment law, the standards of treatment for foreign investors, and investment-state arbitration.

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Human Rights Lawyer

Human Rights Lawyers work to protect the rights of individuals and groups around the world. This course, International Investment Law, may be helpful for this career path as it covers topics such as the history and evolution of international investment law, the standards of treatment for foreign investors, and investment-state arbitration.

See salaries and explore the career path for Human Rights Lawyer

International Law Attorney

As an International Law Attorney you will represent clients, which include governments, companies, and individuals, in matters involving international law. This course, International Investment Law, may be helpful for this career path as it covers topics such as the history and evolution of international investment law, the standards of treatment, and investment-state arbitration.

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International Business Consultant

International Business Consultants advise clients on a wide range of issues related to international business, including market entry strategy, risk management, and compliance with international laws and regulations. This course, International Investment Law, may be useful for this career path as it covers topics such as the history and evolution of international investment law, the standards of treatment for foreign investors, and investment-state arbitration.

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International Trade Specialist

International Trade Specialists help businesses export and import goods and services. This course, International Investment Law, may be helpful for this career path as it covers topics such as the history and evolution of international investment law, the standards of treatment for foreign investors, and investment-state arbitration.

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Journalist

Journalists report on current events and issues. This course, International Investment Law, may be helpful for this career path as it covers topics such as the history and evolution of international investment law, the standards of treatment for foreign investors, and investment-state arbitration.

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Development Officer

Development Officers work to improve the lives of people in developing countries. This course, International Investment Law, may be helpful for this career path as it covers topics such as the history and evolution of international investment law, the standards of treatment for foreign investors, and investment-state arbitration.

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Investment Banker

Investment Bankers provide financial advice to companies and governments on a wide range of transactions, including mergers and acquisitions, capital raising, and debt restructuring. This course, International Investment Law, may be helpful for this career path as it covers topics such as the history and evolution of international investment law, the standards of treatment for foreign investors, and investment-state arbitration.

See salaries and explore the career path for Investment Banker