Introduction to International Investment Law

COURSE DESCRIPTION:

This course explores the dynamic and evolving field of legal protection and promotion for foreign investments. It examines how international investment agreements (IIAs) and bilateral investment treaties (BITs), along with investor-state dispute settlement (ISDS), shape the landscape of global investment.

The course begins by examining the legal framework protecting foreign investment, particularly in cases of expropriation, arbitrary regulations, or significant regulatory changes by host states. Despite being relatively new, this field is critical for international investing, as evidenced by the over 3,000 IIAs concluded and numerous arbitral decisions made in recent decades. The course addresses both the benefits of IIAs, such as the promotion of the rule of law and economic growth, and the criticisms levied against them, including concerns over states' ability to pursue public policies such as health or environmental protection.

The course also explores contemporary strategies beyond traditional investment protection: investment liberalization, safeguarding host states’ right to regulate, and investment facilitation. It will analyses how these approaches, including the reduction of barriers to foreign investment, incorporation of regulatory rights in treaties, and alternative methods such as administrative streamlining and responsible business conduct, are shaping the current and future landscape of international investment.

After completing this course, participants will be able to: