Curriculum Guide · Courses

Professor Pryce

J.D. Course 437 (cross-listed) | 2 credit hours

This course will cover salient issues in the international law of foreign investment protection. After a review of basic historic principles of public international law regarding injury to aliens, we will examine the development of an extensive network of bilateral and multilateral treaties providing foreign investors international law protection, directly enforceable against states through international arbitration. We will review major principles of substantive law and procedure implicated in investment treaty claims, including jurisdictional issues of qualifying investment and nationality; the appointment of arbitrators; interim measures of protection; the relationship between parallel proceedings in domestic and international fora; rules of procedure and disclosure of evidence; substantive standards of protection including assurances of nondiscriminatory treatment, fair and equitable treatment, and protection against unlawful expropriation; state defenses such as necessity and countermeasures; principles governing damages; and the review and enforceability of investment arbitration awards. The focus of the course is on the practical application of legal principles in the context of specific investment claims, governed by international agreements and reflected in arbitral awards and decisions. We will, however, also discuss broader issues such as trends in international investment law, theoretical underpinnings of the legal principles applied, proposals to broaden or restrict substantive protections, and initiatives to reform procedure and promote transparency.

Recommended: Prior or concurrent enrollment in International Law I: Introduction to International.