Investment and International Law

Faculteit Rechtsgeleerdheid
Jaar 2022/23
Vakcode RGMIR51506
Vaknaam Investment and International Law
Niveau(s) master
Voertaal Engels
Periode semester II b (Blok 4)

Uitgebreide vaknaam Investment and International Law
Leerdoelen This course has the following main goals, namely:
1) Students will acquire a general knowledge and understanding of international investment law;
2) Students will learn to critically discuss developments in international investment law in the context of the doctrines of international law in general;
3) Students will study and reflect upon the interrelationship between various branches of law, such as human rights law, environmental law, and trade law;
4) Students will increase awareness of the various perspectives on and attitudes towards international (investment) law related to the needs and interests of the actors involved, such as positions of developed vs. developing states, the role of international governmental organisations and of various non-state actors;
5) To improve students’ research and presentation skills.
Omschrijving International investments are a core aspect of the global economy. Investments mostly are made by multinational corporations and are of great importance for the economies of both the home and the host states of the investments. On the one hand, investors try to reduce risks and favour a stable and predictable investment climate in which they are protected against undue interference by states. On the other hand, host states want to be able to formulate and enforce their national or regional (e.g. EU) economic, environmental, tax, human rights and other policies without being completely subjected to restrictive international investment regulations. In the past decades around 3,000 bilateral investment treaties (BITs) and a number of multilateral investment treaties have been concluded worldwide to regulate and protect international investments. This course analyses the history and nature of these agreements and their development over time, revealing a cautious tendency to transform these agreements from instruments merely protecting the interests of private foreign investors into instruments which provide a more equitably balance between the interests of foreign investors and those of the host countries, in particular developing countries. Disputes about the application and interpretation of these agreements are often subjected to international investment arbitration. This, for international law rather unique, state v. non-state actor confrontation in international arbitration will be discussed, providing insights into, among others, the critique on the tribunals as a body curtailing the regulatory freedom of the host states. This course is broader than a course on international investment law, as it aims to put investment issues in the context of the evolving system of international law, including law-making aspects relating to developing a more general legal framework for international investment instead of the 3,000 bilateral arrangements, the international responsibilities of non-state actors, and developments in dispute settlement.
Uren per week 2
Onderwijsvorm hoorcollege
(7 2-hour sessions. The course will be a combination of lectures and seminars. Attendance compulsory. Each student will have to prepare an oral presentation and a paper.)
Toetsvorm paper(s), presentatie(s)
(Tentamendata The written paper and the oral presentation form the core of the assessment, supplemented by the active participation in class discussions.)
Vaksoort m5-niveau, juridisch
Coördinator prof. dr. M.M.T.A. Brus
Docent(en) Nog niet bekend
Verplichte literatuur
Titel Auteur ISBN Prijs
Materials provided on Studentportal (Nestor)
The International Law on Foreign Investment, 5th ed. 2021, Cambridge University Press M. Sornarajah ca. €  65,00
  • This course is only accessible for students that have been fully admitted to a master's degree programme within the Faculty of Law.
  • This course is not open to non-law exchange students.
  • Compulsory: Bachelor course on public international law
  • Not accessible for students who have passed International Investment Law before 1-9-2015.
Opgenomen in
Opleiding Jaar Periode Type
Exchange programme Law 1 semester II b optional
LLM Public International Law 1 semester II b optional compulsory
Open Colleges 1 semester II b keuze