Type of Credit: Elective
Credit(s)
Number of Students
The course will cover the substantial aspects of international protection for foreign investors as well as the procedural issues concerning international investment disputes. In addition the course include the overlaps between protection for foreign investors and other public goods, such as environmental protection, public health, labors etc. The material will involve basic principles and concepts of international law, leading bilateral investment agreements, multilateral investment agreements, inter alia NAFTA, Energy Charter Treaty (ECT), investor-to-state dispute settlement (ISDS), and the investment agreements of Taiwan.
能力項目說明
Trade and investment issues are related and sometimes inseparable, i.e. in terms of trade in services. The research on international investment laws are blooming as the numbers of the global investment agreements have increased explosively in the last three decades. The global investment agreements (IIAs) are designed to protect foreign investors from the governmental intervention of host states. There is no consistent and uniform legal framework for global investment issues because most of the IIAs are concluded bilaterally.
The purposes of this course are as follows:
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1 |
Introduction (development of international investment law and source of law) |
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2 |
Investor, Investment, and International Investment Agreements[Dolzer＆Schreuer , pp.46-65] |
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3 |
The establishment of Investment [Dolzer＆Schreuer pp.72-84] |
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4 |
Expropriation and Compensation (I) [Dolzer＆Schreuer, pp.85-100] |
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5 |
Expropriation and Compensation (I) [Dolzer＆Schreuer , pp.101-119] |
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6 |
Standards of Protection (I) [Dolzer＆Schreuer pp.120-148] |
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7 |
Standards of Protection (II) [Dolzer＆Schreuer, pp.149-176] |
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8 |
Standards of Protection (III) [Dolzer＆Schreuer ,pp.178-194] |
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9 |
Investment Dispute Resolution(I), [Dolzer＆Schreuer, pp.211-242] |
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10 |
Investment Dispute Resolution(II) [Dolzer＆Schreuer, pp.242-262] |
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11 |
Investment Dispute Resolution(III) [Dolzer＆Schreuer pp.262-290] |
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12 |
SOE, SWF and governmental involvement in international investment (presentation) |
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13 |
Investment and Environment(presentation) |
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14 |
Investment and Labor (presentation) |
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15 |
Investment and Public Health (presentation) |
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16 |
Investment and Intellectual Property Right (presentation) |
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17 |
Investment Issues between Taiwan and China (presentation) |
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18 |
Reforms or Improvements of ISDS(presentation) |
The students must finish the readings each week and participate in the discussion. All the students have to present at least two times. One is a 3-5 minus brief about the reading designated. Another is the presentation about the topics chosen by the students themselves. A term paper, at least eight pages, should be submitted at the end of the semester.
The grade comprises two parts:
Grading of presentation on chosen topic/term paper (90%):
The criteria for evaluation are as follows:
Grading of class participation (10%):
The evaluation has based on the frequency and the substance of comments given to the others’ presentations. The quality of the brief will be accessed as part of the participation performance.
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1. Principles of International Investment Law, Dolzer & Schreuer, Oxford, 2012 |
http://icsid.worldbank.org/ICSID/Index.jsp https://www.italaw.com