Curriculum Guide · Courses

Professors Mark Bravin, Borzu Sabahi, and Don Wallace

LL.M Seminar 676 (cross-listed) | 3 credit hours

The subject of investor-state arbitration lies at the cutting edge of international law and dispute resolution, and promises to become a major factor in the development of the global economic system in years to come. Study of this form of arbitration provides insight into the evolving shape of customary international law, the conflict between capital-importing and capital-exporting states, and the status of individuals in the international legal order.

This course will provide students with a firm grounding in the history, present practice, and future implications of arbitration between foreign investors and host states, sanctioned by multilateral and bilateral investment treaties. Topics that will be covered in this course are the history of the treatment of aliens and investments under international law; an overview of the most important international treaties that give investors a right to arbitration of claims; the most important elements of procedure that characterize investor-state arbitration, including tribunal composition, jurisdiction, evidence, award and challenge or annulment; substantive law of investment arbitration, the standards that apply when a tribunal determines whether a breach of the treaty has occurred; and the future development of investor-state arbitration including the challenges of globalization, the clash of capital-importing and capital-exporting countries, environmental protection and free trade, restrictions on state sovereignty, the construction of an international investment jurisprudence, the limits on arbitrability, and the expansion of multilateral investment protections worldwide. Active participation in discussion of the course materials is required. Furthermore, each student will prepare a substantial research paper, which will serve as the basis for an oral presentation. Students will also be responsible for critiquing other students' research projects.

Recommended: Basic course in Public International Law (International Law I: Introduction to International Law) or a basic course in International Business and Economic Law (International Law II).

FIRST CLASS ATTENDANCE IS MANDATORY. The faculty reserve the right to drop students from the class if they do not attend the first class. STUDENTS MAY NOT DROP THIS CLASS AFTER THE ADD-DROP PERIOD ENDS WITHOUT THE PERMISSION OF THE PROFESSOR. This course requires a paper. J.D. Students: this will fulfill the J.D. Upperclass Legal Writing Requirement.