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: 2022/3

Module Convenor: Miss Stanislava Nedeva
Email: s.y.nedeva@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 and 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.

Contact hours:

Ìý	Autumn	Spring	Summer
Seminars		20
Guided independent study:	Ìý	Ìý	Ìý
Ìý Ìý Wider reading (independent)		60
Ìý Ìý Wider reading (directed)		60
Ìý Ìý Preparation for seminars		20
Ìý Ìý Essay preparation		40
Ìý	Ìý	Ìý	Ìý
Total hours by term	0		0
Ìý	Ìý	Ìý	Ìý
Total hours for module	200

Summative Assessment Methods:

Method	Percentage
Written assignment including essay	100

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: /cqsd/-/media/project/functions/cqsd/documents/cqsd-old-site-documents/penaltiesforlatesubmissionpgflexible.pdf
The Support Centres will apply the following penalties for work submitted late:

• where the piece of work is submitted after the original deadline (or any formally agreed extension to the deadline): 10% of the total marks available for that piece of work will be deducted from the mark for each working day (or part thereof) following the deadline up to a total of five working days;
• where the piece of work is submitted more than five working days after the original deadline (or any formally agreed extension to the deadline): a mark of zero will be recorded.

The University policy statement on penalties for late submission can be found at: /cqsd/-/media/project/functions/cqsd/documents/cqsd-old-site-documents/penaltiesforlatesubmission.pdf
You are strongly advised to ensure that coursework is submitted by the relevant deadline. You should note that it is advisable to submit work in an unfinished state rather than to fail to submit any work.

Assessment requirements for a pass:

50% overall.

Reassessment arrangements:

See School of Law PGT Programme Handbook.

Additional Costs (specified where applicable):

1) Required text books:Ìý

2) Specialist equipment or materials:Ìý

3) Specialist clothing, footwear or headgear:Ìý

4) Printing and binding:Ìý

5) Computers and devices with a particular specification:Ìý

6) Travel, accommodation and subsistence:Ìý

Last updated: 26 September 2022