This course aims at equipping students with the requisite knowledge to address intricate legal issues facing foreign investments. The concept as manifested in the form of portfolio and direct investment will be introduced along with relevant investment risks. Investment contracts, governing norms and principles in domestic laws (home and host state), bilateral treaties (BITs), regional and multilateral instruments will be studied. The course will examine ISDS characteristics and critical challenges arising in investment arbitration including jurisdiction and applicable law issues, breach of treatment standards, expropriation, defences and compensation. Emerging normative developments and landmark cases from institutional arbitration will be reviewed.

CILO-1: Students will be able to recognize the unique legal relationship arising between foreign investors and host states and locate various levels of national and international legal protection of investor rights. CILO-2: Students will be able to distinguish foreign direct investments from portfolio investments in aspect of related risks and the needs for legal protection. CILO-3: Students will be able to appraise specific normative standards of contractual right and obligation arising from bilateral investment treaties. CILO-4: Students will be able to analyze legal challenges relating to diverse legal questions arising in international investment arbitration, and to describe emerging legal trends in foreign investment protection, and evaluate the strength and weaknesses of different avenues of investment dispute resolution.