Monash University Handbook 2010 Postgraduate - Unit

Synopsis

This unit considers traditional approaches and modern developments in foreign investment law. First, it provides a general understanding of the international legal framework of investment protection treaties and associated expropriation norms. Second, it focuses on specific international legal issues, particularly those pertaining to the expropriation of foreign investments. The principal mode of analysis of these issues is through the study of relevant international arbitral awards. The unit is taught from a practical perspective and seeks to provide students with the skills necessary to evaluate any issues of foreign investment law they encounter in their legal practice.

Objectives

A candidate who successfully completes this unit should be able to:
(a) understand the international legal framework established by bilateral and multilateral treaties for the protection of foreign investment; (b) explain the differences between foreign investment arbitration and international commercial arbitration; (c) analyse and evaluate awards issued by foreign investment arbitral tribunals; (d) understand the international legal principles that apply to the expropriation of foreign investments; (e) identify the main procedural and substantive issues that affect activities of foreign investors; and (f) undertake post-graduate level research in the subject area.

Assessment

One research assignment (3,750 words): 50% One take-home examination (3,750 words): 50%

Contact hours

24 Hours

Prerequisites

Nil

Co-requisites

Nil

Prohibitions

Nil