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
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Trade and investment issues are related and sometimes inseparable, i.e. in terms of trade in services. The researches on international investment laws are blooming, as the numbers of the international investment agreements increase explosively in the last three decades. The international investment agreements (IIAs) are designed to protect foreign investors from governmental intervention of host states. There is no consistent and uniform legal framework for international investment issues, because most of the IIAs are concluded bilaterally. The purposes of this course are as follows:
Student will obtain the ability to draft, design or negotiate the IIA.
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| 教學週次Course Week | 彈性補充教學週次Flexible Supplemental Instruction Week | 彈性補充教學類別Flexible Supplemental Instruction Type |
|---|---|---|
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週次 Week |
課程主題 Topic |
課程內容與指定閱讀 Content and Reading Assignment |
教學活動與作業 Teaching Activities and Homework |
學習投入時間 Student workload expectation |
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課堂講授 In-class Hours |
課程前後 Outside-of-class Hours |
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1 |
Introduction (development of international investment law and source of law) |
[Dolzer＆Schreuer , pp.1-45] |
Lecture, Discussion, Presentation |
3 |
1 |
|
2 |
Investor, Investment, and International Investment Agreements |
[Dolzer＆Schreuer , pp.46-65] |
Lecture, Discussion, Presentation |
3 |
1 |
|
3 |
The establishment of Investment |
[Dolzer＆Schreuer pp.72-84] |
Lecture, Discussion, Presentation |
3 |
1 |
|
4 |
Expropriation and Compensation |
[Dolzer＆Schreuer, pp.85-119] |
Lecture, Discussion, Presentation |
3 |
1 |
|
5 |
Standards of Protection (I) |
[Dolzer＆Schreuer pp.120-160] |
Lecture, Discussion, Presentation |
3 |
1 |
|
6 |
Standards of Protection (II) |
[Dolzer＆Schreuer, pp.160-194] |
Lecture, Discussion, Presentation |
3 |
1 |
|
7 |
Investment Dispute Resolution(I) |
[Dolzer＆Schreuer, pp.211-242] |
Lecture, Discussion, Presentation |
3 |
1 |
|
8 |
Investment Dispute Resolution(II) |
[Dolzer＆Schreuer, pp.242-262] |
Lecture, Discussion, Presentation |
3 |
1 |
|
9 |
Investment Dispute Resolution(III) |
[Dolzer＆Schreuer pp.262-290] |
Lecture, Discussion, Presentation |
3 |
1 |
|
10 |
SOE, SWF and governmental involvement in international investment |
Materials related to the presentation (TBD) |
Discussion, Presentation |
3 |
3 |
|
11 |
Investment and Environment |
Materials related to the presentation (TBD) |
Discussion, Presentation |
3 |
3 |
|
12 |
Investment and Labor |
Materials related to the presentation (TBD) |
Discussion, Presentation |
3 |
3 |
|
13 |
Investment and Public Health |
Materials related to the presentation (TBD) |
Discussion, Presentation |
3 |
3 |
|
14 |
Investment and Intellectual Property Right |
Materials related to the presentation (TBD) |
Discussion, Presentation |
3 |
3 |
|
15 |
Investment Issues between Taiwan and China |
Materials related to the presentation (TBD) |
Discussion, Presentation |
3 |
3 |
|
16 |
Reforms or Improvements of ISDS |
Materials related to the presentation (TBD) |
Discussion, Presentation |
3 |
3 |
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The students are required to 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. Each student shall provide the materials about their presentation, at least one week before their presentation. A term paper, at least 8 pages in length, should be submitted at the end of 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 is based the frequency and the substance of comments given to the others’ presentation. The quality of the brief will be accessed as part of the performance of participation.
Wed. 16:30 ~ 17:30pm Office: Rm 261050 |
1. Principles of International Investment Law, Dolzer & Schreuer, Oxford, 2022
2. Law and Practice of Investment Treaties: Standards of Treatment, Newcombe & Paradell, Kluwer Law International, 2009.
3. Principles of International Investment Law: Reconciling Policy and Principle ,Surya P Subedi, Hart Publishing, 2008
4. Fair and Equitable Treatment in International Investment Law, Klager, Cambridge University Press, 2011.
5. International Investment Law and Arbitration: Leading Cases from the ICSID, NAFTA, Bilateral Treaties and Customary International Law, Weiler, Cameron May, 2005
http://icsid.worldbank.org/ICSID/Index.jsp https://www.italaw.com