Area of Study & Practice
- International, Transnational, and Comparative Law
JD Graduation RequirementsThis course typically satisfies all or some of the following JD graduation requirements:
International Investment Law
In particular, the course examines: (1) the theoretical and historical background behind the development of the contemporary international investment law regime; (2) the policy justifications for the regime, along with critiques of those justifications; (3) the institutions and procedural rules that apply to investor-state arbitration; (4) the most common substantive standards governing the investor-state relationship under investment treaties (i.e. national treatment, most-favored nation treatment, expropriation, fair and equitable treatment, umbrella clauses, and free transfer provisions); (5) defenses governments can raise in response to investor claims; (6) the relationship between the investment law regime and other international legal regimes, such as those governing human rights, international trade, environmental protection, and the international law of state responsibility; and (7) international investment law's interactions with and implications for domestic legal systems, with a special emphasis on questions of sovereignty, governmental policy-making space, and democratic legitimacy and accountability in decision-making. The course presents these topics primarily through the in-depth exploration of key investment texts and controversial investor-state arbitration decisions. Scholarly perspectives on the regime are also considered.
Please note that course organization and content may vary substantially from semester to semester and descriptions are not necessarily professor specific. Please contact the instructor directly if you have particular course-related questions.