· Analyzing international investment law and its relationship with the international framework on sustainable development; · Analyzing the investor-State dispute settlement mechanisms; · Examining the relevant case law concerning the relationship between international investment law and the international framework on sustainable development.
By the end of the course, students will: · Have acquired knowledge of international investment law, dispute settlement and sustainable development; · Have developed the skills to apply the acquired knowledge to investment disputes; · Be able to make autonomous judgments on international investment legal issues and have developed the related problem-solving skills; · Have acquired communication skills (written and oral), including arguing convincingly, with logical and legal thoroughness and propriety of language.
The course is designed to acquaint students with a comprehensive view of the international legal rules and praxis which govern foreign direct investment (hereinafter 'FDI') and their relationship with the international legal framework on sustainable development. FDI represents one of the most relevant legal and economic phenomena of the last decades at an international level. It can be defined as an economic operation made by an investor (a physical or legal person) based in one country (the home state) into a company, entity or undertaking based in another country (the host state), over which the investor has a significant degree of influence and control. It encompasses some of the most strategic industrial and economic activities worldwide, e.g. in the field of energy, telecommunication, financial activities, constructions, environment, shipping. Thus, FDI is likely to impact (either positively or negatively) on sustainable development and the rules governing the former must interact with the international legal framework concerning the latter and providing for the protection of the most fundamental human and labour rights and the environment. The increased flow of FDI worldwide and the complex need to strike a balance between investors' rights and the public essential interests affected by the realization of the investments have prompted governments, 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.
The course aims at addressing 4 main areas:
- The first focuses on the principles and rules which govern FDI (standards of treatment established by treaties, customary international law, domestic law and international contracts); - the second deals with 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 third focuses on the mechanisms of peaceful settlement of investment disputes between private investors and States (court proceedings, mediation, arbitration); - the fourth specifically deals with the settlement of disputes over investments affecting sustainable development through arbitration proceedings administered by the Permanent Court of Arbitration.
Informazioni sul programma
The attendance at the course is positively assessed in light of the students' recruitment process for the different legal competitions sponsored by our University (such as the Wilelm C. Vis Moot Court Competition in Vienna (https://vismoot.pace.edu/), the Philip C. Jessup International Law Moot Court Competition (http://www.ilsa.org/jessuphome)), as well as for the professional internships abroad within the Erasmus Placement Programme.
Prerequisiti e modalità di esame
The final mark will consist in an overall assessment of the activities carried out by each student throughout the course: active participation (20%); presentation of case-studies (40%); mock trials (40%). Those students who do not accept that assessment can register for an oral colloquium during the official exam sessions.
The attendance at the course is compulsory. Only students who attend at least 75% of the course are admitted to take the final exam. The detailed course programme will be provided at the beginning of the course. The programme and the didactic material will be available on-line (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, a seminar on the Permanent Court of Arbitration held by an experienced specialist, 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.
Materiale didattico e bibliografia
Lectures will be mainly based on specific reading materials indicated prior to each lesson. Here below some suggested texts, which might be referred to for the preparation of the exam.
Dupuy, Francioni, Petersmann (eds.), Human Rights in International Investment Law and Arbitration, Oxford, 2009; Muchlinski, Ortino, Schreuer (eds.), The Oxford Handbook of International Investment Law, Oxford, 2008; Sacerdoti (ed.), with Acconci, Valenti, De Luca, General Interests of Host States in International Investment Law, Cambridge, 2014; Tanzi, Cristani (eds.), International Investment Law and Arbitration, Bologna, 2013; Treves, Seatzu, Trevisanut (eds.), Foreign Investment, International Law and Common Concerns, London, 2013.