Předmět Introduction to International Investment Law (MVV163K)

Na serveru studentino.cz naleznete nejrůznější studijní materiály: zápisky z přednášek nebo cvičení, vzorové testy, seminární práce, domácí úkoly a další z předmětu MVV163K - Introduction to International Investment Law, Právnická fakulta, Masarykova univerzita (MU).

Materiál	Typ	Datum	Počet stažení

Cíl

When a Czech company invests in a foreign country, what protections is it entitled to under international law? What are the remedies available to the company to enforce its rights in cases of prejudice to the company’s economic activities? Yet, what legal constraints faces the Czech Republic as a State when it intends to adopt regulation for the protection of a public interest that might negatively affect foreign investors? This course introduces the basic precepts of international law of foreign investments and addresses precisely this type of questions. It covers basic public international law aspects of the substantive investment protection (expropriation, fair and equitable treatment, national and most favoured nation treatment) both in customary and in treaty law (particularly bilateral investment treaties – BITs, NAFTA Chapter 11, Energy Charter Treaty, and comprehensive free trade agreements with investment chapters). The course examines procedural aspects of investment treaty arbitration, such as jurisdiction of the tribunal, admissibility of claims, and remedies. Lastly, the course also touches upon the relationship between international investment law and other branches of international law, in particular the EU law, as well as upon social, political and economic consequences of the current international investment regime.

Osnova

1. History and Evolution of International Investment Law (IIL), Institutional Structure of the current IIL, Rationales of the current form of IIL, Nature of Investor Rights, State Responsibility• From diplomatic protection to investment treaty arbitration• International investment agreements (IIAs) and investment treaty arbitration:- Institutions and forums for investment disputes: ICSID, other arbitration institutions, and ad hoc investment treaty arbitration• Sources of IIL- Applicable law and the hybrid nature of the current system: commercial versus public law tensions- Typical structure of an IIA• Economic and other empirical justifications for IIAs• Nature of the investor’s rights: direct versus derivative model• Basic elements of State responsibility: violation of international obligation, attribution• IIL as a special type of delictual responsibility?2. Investment Treaty Arbitration: Jurisdiction and Admissibility• Notion of investment and investor and the quid pro quo nature of investment treaty arbitration• Notion of jurisdiction• Principle of consent as a basic principle of international dispute settlement• Other jurisdictional requirements• Jurisdiction versus admissibility- Shareholders’ claims3. Treaty versus Contract Claims, Umbrella Clauses, and Plea of Illegality• Basis of investment claims: Treaty versus Contract• Umbrella Clauses and wide dispute resolution clauses• Plea of Illegality and its characterisation• Counterclaims in Investment Treaty Arbitration4. Substantive International Investment Law: State Responsibility and Expropriation• Expropriation:- Lawful and unlawful- Direct and indirect- Regulatory expropriation• Compensation5. Substantive International Investment Law: Fair and Equitable Treatment (FET) and the International Minimum Standard (IMS)• FET and IMS: Convergence or divergence? And does it even matter?• The concept of Legitimate Expectations• Full Protection and Security Standard• Responsibility of State for Adjudication: Denial of justice6. Substantive International Investment Law: National Treatment, MFN Treatment• Operation of relative standards• National Treatment• MFN:- Substantive MFN- MFN as a tool for incorporating different dispute settlement clauses- MFN as a tool for incorporation of a new substantive standards7. Substantive International Investment Law: State Defences – Circumstances Precluding Wrongfulness, Treaty Exceptions and Carve-outs, Doctrine of Police Powers• Defences:- Treaty carve-outs and exceptions- Customary international law defences: circumstances precluding wrongfulness- Doctrine of necessity: a case study of misunderstanding of the public international context of IIAs- Police powers doctrine and margin of appreciation8. Remedies and Enforcement, IIL and EU Law, Revision• Remedies in general international law• Remedies in IIL:- damages (types and calculation)• Enforcement of investment awards• IIL and EU Law: a battle over hegemony

Literatura

Students will be assigned only the pages/paragraphs relevant and necessary for the course. See Teacher's information for the full list.

Požadavky

MP601Zk MPS II Solid knowledge of the English language; private international law course passed; basic knowledge of public international law desirable.Enrolment exception will be granted on the basis of a motivation essay. Please contact Vera Redrupova for more details.

Garant

JUDr. Jiří Valdhans, Ph.D.

Vyučující

Mgr. Josef OstřanskýJUDr. Jiří Valdhans, Ph.D.