The course is designed to acquaint students with a comprehensive view of principles, rules and praxis, which govern foreign direct investment and their relationship with the international legal framework on sustainable development, in particular in the energy sector. States developed a series of treaties (especially FTAs, free trade agreements, and BITs, Bilateral investment treaties) aiming at regulating and protecting transnational investments. The body of law arisen out of this massive treaty making represents one of the most relevant legal and economic phenomena of the last decades at the international level. International investment law is a key element in this rapidly evolving international economic integration.
The increased flow of FDI worldwide and the complex need to strike a balance between investors' rights and host States' public essential interests have prompted international organizations and the private sector to adopt substantive legal rules and to establish international or regional bodies and procedures for the peaceful settlement of disputes between investors and States.
Expected learning outcomes
· Knowledge and understanding: students shall know the main legal issues concerning international investment law; · Applying knowledge and understanding: students shall be able to employ notions acquired during the class to a specific legal dispute; · Making judgements: students shall be able to make accurate judgments on conflicts of norms, especially between the rights of investors and other norms protecting common concerns; · Communication: students shall be able to understand issues of international investment law, using the appropriate terminology; · Lifelong learning skills: students shall acquire advance legal skills, public speaking, and how to deal with conflicts of norms.
Lesson period: First semester
(In case of multiple editions, please check the period, as it may vary)
The course aims at addressing 2 main areas: the first one focuses on the principles and rules which govern FDI (standards of treatment established by treaties, customary international law, domestic law and international contracts); A special reflection will be dedicated to the relationship and tensions between the regulation of FDI and the legal framework on sustainable development and the protection of common concerns (human rights, environmental protection, labour rights, artistic, cultural, and historic heritage, etc..); the second area will tackle with two aspect. Firstly, we will deeply analyse the European policy on investment after the conferral upon the EU of the competence on FDI (Art. 207 TFEU). Secondly, the issues regarding the regulation of renewable energy in the European Union will be tackled.
Prerequisites for admission
students must have an excellent knowledge of the written and spoken English language.
The attendance of the course is compulsory. Only those students who attend at least 75% of the course are admitted to take the final exam. The detailed course programme and the didactic material is available on ARIEL. Each topic will be addressed not only from a theoretical point of view, but also through the lens of the most relevant arbitral and judicial case law. The course will combine frontal lessons and interactive and innovative teaching methodologies (based on the active participations of students through individual or collective contributions in the form of presentations, summaries or prepared discussions, practical sessions of written and oral legal advocacy, simulation of proceedings before different adjudicatory bodies, moot courts and mock trials). Advance reading and regular preparation are necessary prerequisite for the successful participation in the course.
the bibliography will be suggested during the classes and by the professor throughout the semester
Assessment methods and Criteria
students will be evaluated through engagement with the class activities with oral expositions. The final exam will be a written test