International investment law 2TC

course include:1 Overview of International Investment and International Investment Law 2 Fundamental Principles of International Investment Law 3 Viet Nam and International Investment La

HANOI LAW UNIVERSITY FACULTY OF INTERNATIONAL TRADE AND BUSINESS LAW

Program: Bachelor of Laws

Course title: International Investment Law (English-Taught)

Type of the course: Optional

1 INFORMATION OF LECTURERS

1 Ngo Trong Quan LL.M ngotrongquancbg@gmail.com 04.37731787

2 Doan Thanh Huyen LL.M huyendt@hlu.edu.vn 04.37731787

3 Nguyen Ba Binh Assoc.Prof nguyenbabinh@hotmail.com 04.37731787

4 Nguyen Thi Anh Tho LL.M nguyenanhtho0102@yahoo.com 04.37731787

5 Nguyen Mai Linh LL.M mailinhnguyen110@gmail.com 04.37731787

7 Lai Thi Van Anh LL.M pltmdpdtqt@gmail.com 04.37731787

8 Nguyen Thi Nhung LL.M pltmdpdtqt@gmail.com 04.37731787

9 Dinh Anh Tuyet LL.M pltmdpdtqt@gmail.com 04.37731787

10 Pham Minh Duc LL.M pltmdpdtqt@gmail.com 04.37731787

Office of Department of Multilateral Trade and International Investment Law

Room A1401, Building A, Hanoi Law University

No 87, Nguyen Chi Thanh Street, Dong Da, Ha Noi

Working hours: 8h00 – 17h00 everyday (except for Saturday, Sunday, and holidays)

2 PREREQUISITE COURSES

- Public International Law (CNBB19)

- International Trade and Business Law (CNBB22)

3 SUMMARY OF THE COURSE

International investment law has been emerging as a distinct and dynamic field of international law.The course on International Investment Law provides the basic knowledge of the legal systemgoverning investment liberalization, investment protection, the institutional, economic and politicalinfluence on international investment This course aims to introduce students to the standards oftreatment of foreign investments and resolution of foreign investment disputes The main topics in the

course include:

1) Overview of International Investment and International Investment Law

2) Fundamental Principles of International Investment Law

3) Viet Nam and International Investment Law

4 CONTENT OF THE COURSE

Issue 1 Overview of International Investment and International Investment Law

1.1 Globalization and International Investment

1.2 Historical Development of International Investment Law

1.3 Defining the Scope of Investment Treaties

1.4 Sources of International Investment Law

Issue 2 Fundamental Principles of International Investment Law

2.1 Most Favoured Nation (MFN)

2.2 National Treatment (NT)

2.3 Fair and Equitable Treatment (FET)

2.4 Full Protection and Security (FPS)

2.5 Protection against Unlawful Expropriation (Takings)

2.6 Investor-State Dispute Settlement (ISDS)

2.7 Umbrella Clause and Other Principles of Investment Protection

2.8 Exceptions to the Principles of International Investment Law

Issue 3 Viet Nam and International Investment Law

3.1 International Commitments of Vietnam Regarding Investment

3.2 Vietnamese Law Regulating International Investment Relations

3.3 Vietnam’s Investor-State Dispute Settlement (ISDS)

5 OUTPUT STANDARDS OF THE COURSE AND MEET THE OUTPUT STANDARDS OF THE TRAINING PROGRAM

5.1 The Course Learning Outcomes (CLOs)

This course aims at introducing students to the core principles of international investment law andinvestment dispute settlement mechanism Students are encouraged to reflect on the economic activity

of foreign direct investment in its political and social context Upon completion of the course, studentswill be able to:

S7 Search for and update international investment agreements and case law;

S8 Conduct research on international investment law and arbitration;

S9 Design and deliver a presentation on international investment law;

S10 Work independently and collaboratively with other students to prepare a research paper;

S11 Develop arguments and critical thinking to solve practical situations in international investmentlaw

 Self-control ability and self-responsibility

T12 Be confident, willing to acquire new knowledge and open to different viewpoints in the field;T13 Develop a sense of honesty, striving for progress and protection of justice;

T14 Develop a sense of respect and compliance with the law;

T15 Develop professional working ethics

5.2 The matrix demonstrating the compatibility of the CLOs with the TPLOs

Course

Learning

Outcomes

The Knowledge LOs of the training program The Skill LOs of the training program

The ability LOs of the training program

1A2 Presenting thehistorical development ofinternational investmentlaw.

1A3 Listing sources of

international investmentlaw

1A4 Listing different

aspects in the scope ofinvestment treaties

1A5 Listing customary

international lawgoverning foreigninvestment relationships

1B1 Analysing the reasons

that investment treatieshave come to play adominant role ininvestment protection

1B2 Analysing theconcept of political riskinsurance as an alternative

or a supplement to treatyprotection and disputesettlement

1B3 Analysing the scope

of a particular investmenttreaty in terms of coveredinvestor and coveredinvestment

1B4 Analysing the scope

of a particular investment

1C1 Giving comments

on the the ways investorscan protect their rights inthe host countries

1C2 Giving comments

on the current features oftreaty practice andarbitral practice ininternational investmentlaw

1C3 Giving comments

on the current features oftreaty practice andarbitral practice ininternational investmentlaw

treaty in terms of coveredinvestor and coveredinvestment.

2A1 Identifying the

components of the mostfavoured nation (MFN)principle

2A2 Identifying the

components of thenational treatment (NT)principle

2A3 Identifying theelements of fair andequitable treatment (FET)principle

2A4 Presenting the scope

of full protection andsecurity (FPS) standard

2A5 Presenting thecontent of protection offoreign investors againstunlawful expropriation

2A6 Presenting themethods of resolvinginvestor-state disputes

2A7 Presenting thecontent of other principles

of investment protection(umbrella clause, transfer

of funds, movement ofnatural persons,

2B1 Analysing theinterpretations of MFN byinvestment tribunals

2B2 Analysing theinterpretations of NT byinvestment tribunals

2B3 Analysing therelationship between theinternational minimumstandard of treatment andFET

2B4 Analysing the

interpretation of FET ininvestment disputes

2B5 Analysing theapplication of FPS ininvestment disputes

2B8 Analysing the

disadvantages of

investor-2C1 Assessing theimportance of the likecircumstance

requirement andrelevance of WTOjurisprudence

2C2 Giving comments

on the impact of fair andequitable treatmentprinciple on investmentliberalization

2C3 Comparing the fair

and equitable treatmentstandard with the fullprotection and securitystandard

2C4 Giving comments

on recent developmentsand limitations ofinvestment arbitration

2C5 Assessing thejurisprudence approaches

to interpretation ofumbrella clauses

2C6 Assessing the role

of exceptions inprotecting regulatoryspace of host states

performancerequirements)

exceptions of the basicprinciples of internationalinvestment law

state arbitration

2B9 Analysing the

disadvantages ofdiplomatic protection

2B10 Analysing criticisms

against ISDS

2C7 Evaluating the pros

and cons of an appellatereview mechanism ininvestment arbitration

3A1 Presenting the WTO,

commitments of Vietnamregarding internationalinvestment

3A2 Presenting the

Vietnamese legal systemregulating internationalinvestment relations

3A3 Presenting thecoordination process ofISDS in Vietnam

3B1 Analysing the content

of investment treaties ofVietnam

Vietnamese law regulatinginternational investmentrelations

3B3 Analysing the major

differences betweentraditional and newgeneration investmenttreaties of Vietnam

3C1 Giving comments

on the Vietnam’scommitments in recentinvestment treaties orinvestment chapters offree trade agreements(CPTPP and EVIPA)

3C2 Giving comments

on the practice ofVietnam’s ISDS

3C3 Giving comments

on the new investor-statedispute settlementmechanism in EVIPA

6.2 Total learning objectives

7 THE MATRIX DEMONSTRATING THE COMPATIBILITY OF THE DETAILED LEARNING OBJECTIVES WITH CLOs

3C3             

8 READING MATERIALS

8.1 Compulsory Materials

Hanoi Law University, Textbook on International Investment Law, Youth Publishing House, Hanoi,

2017 (This Bilingual Textbook was published within the framework of the EU-MUTRAP Project andcan be downloaded at http://pltmqt.hlu.edu.vn/SubNews/Details/17088 )

3 C L Lim, Jean Ho, Martins Paparinskis, International Investment Law and Arbitration:

Commentary, Awards and other Materials (2 nd edition), Cambridge University Press, 2021.

4 Jean Ho, State Responsibility for Breaches of Investment Contracts, Cambridge University Press,

2018

5 Jeffery Commission and Rahim Moloo, Procedural Issues in International Investment Arbitration, Oxford University Press, 2018.

6 Johanne M Cox, Expropriation in Investment Treaty Arbitration, Oxford University Press, 2019.

7 Jurgen Kurtz, The WTO and International Investment Law: Converging Systems, Cambridge

University Press, 2016

8 M Sornarajah, The International Law on Foreign Investment, Cambridge University Press, Third

Edition, 2010

9 Marie-Claire Cordonier Segger, Markus W Gehring, Andrew Newcombe, Sustainable Development

in World Investment Law, Kluwer Law International, 2011.

10 Mavluda Sattorova, The Impact of Investment Treaty Law on Host States: Enabling Good Governance, Hart Publishing, 2018.

11 Peter Muchlinski, Federico Ortino, and Christoph Schreuer, The Oxford Handbook of International Investment Law, Oxford University Press, 2008

12.Peter Muchlinski, Multinational Enterprises and the Law (Third Edition), Oxford University Press,

2019

13 Surya P Subedi, International Investment Law - Reconciling Policy and Principle, Hart Publishing,

Third Edition, 2020

14 Thomas Cottier and Krista Nadakavukaren Schefer, Elgar Encyclopedia of International Economic Law, Edward Elgar Publishing, 2017.

15 Wongkaew Teerawat, Protection of Legitimate Expectations in Investment Treaty Arbitration,

Cambridge University Press, 2019

16.Yannick Radi, Rules and Practices of International Investment Law and Arbitration, Cambridge

University Press, 2020

* Legal texts and reports

1 The ICSID Convention 1965.

2 The New York Convention 1958

3 The ASEAN Comprehensive Investment Agreement (ACIA) 2009

4 The North American Free Trade Agreement (NAFTA) 1994

5 The European Union – Vietnam Investment Protection Agreement (EVIPA) 2019

6 The Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP) 2018

7 The Vienna Convention on the Law of Treaties (VCLT) 1969

8 International Law Commission Draft Articles on Responsibility of States for InternationallyWrongful Acts 2001

9 2012 US Model Bilateral Investment Treaty,

12.WTO, Trade Policy Review: Viet Nam, https://www.wto.org/english/tratop_e/tpr_e/tp387_e.htm

13.UNCTAD, UNCTAD Series on Issues in International Investment Agreements I/II

international-investment

https://www.oecd.org/daf/inv/investment-policy/Southeast-Asia-Investment-Policy-Review-17.World Bank, 2019 Investment Policy and Regulatory Review – Vietnam,

Policy-and-Regulatory-Review.pdf?sequence=1&isAllowed=y

https://openknowledge.worldbank.org/bitstream/handle/10986/33598/Vietnam-2019-Investment-18.ASEAN Secretariat, ASEAN Comprehensive Investment Agreement (ACIA) – A Guidebook for Businesses and Investors, 2013, http://aadcp2.org/asean-comprehensive-investment-agreement-a-guidebook-for-businesses-and-investors/

19.APEC, Handbook on Obligations in International Investment Agreements, 2020,

Week Issue Lecture Seminar Team

work

Total of credit hours

- Introduction of the Course

- Overview of International Investmentand International Investment Law(Definition, History, Sources)

- Reading the Course Outline

- Reading:

+ Hanoi Law University,

Textbook on International Investment Law, Youth

Publishing House, Hanoi, 2017,

Chapter One, Sections 1,2,3,5

House, Hanoi, 2017, Chapter One, Section 4

Groupwork 1 credit

hour

- Formation of teams

- Discussion of teamwork assignments

- Reading the materials and theteamwork assignments

and allocation of tasks - Outlining the discussion contents

- Reviewing the lecture notesSelf-study 1 credit

- Time: From 10:20 to 11:50 Monday every week

- Venue: Faculty of International Trade and Business Law, Room A1401.

+ Most-Favored Nation (MFN)+ National Treatment (NT)

- Reading:

+ Hanoi Law University, Textbook

on International Investment Law,

Youth Publishing House, Hanoi,

2017, Chapter Two and Three.

Seminar 1 1 credit

hour

Discussion about Nation Treatment Principle

Most-Favored Reading Textbook and lecture notes

- Questions given by lecturer

Seminar 2 1 credit

hour

Discussion about National TreatmentPrinciple

- Reading Textbook and lecture notes

- Questions given by lecturer

Groupwork 1 credit

hour

- Discussion of teamwork assignment

- Discussion of the lecture content

- Reading the materials and cases

- Outlining the discussion contents

- Reviewing the lecture notes

Self-study 1 credit

hour

+ The application of MFN and NTPrinciples in investment disputepractices (cases)

+ Umbrella Clause and OtherPrinciples of International InvestmentLaw

- Reading the materials and casescited in textbook

Tutoring - Content: To give professional advice on the methods of studying; tutoring on

searching and reading references; other questions related to the course.

- Time: From 10:20 to 11:50 Monday every week

- Venue: Faculty of International Trade and Business Law, Room A1401.

+ Fair and Equitable Treatment(FET) and Full Protection andSecurity (FPS)

+ Protection against UnlawfulExpropriation

- Reading:

+ Hanoi Law University, Textbook

on International Investment Law,

Youth Publishing House, Hanoi,

2017, Chapter Four and Five.

Seminar 1 1 credit

hour Discussion about FET and FPS

- Reading Textbook and lecture notes

- Questions given by lecturer

Seminar 2 1 credit

hour Discussion about Expropriation

- Reading Textbook and lecture notes

- Questions given by lecturer

Groupwork 1 credit

hour

- Discussion of teamwork assignment

- Discussion of the lecture content

- Reading the materials and cases

- Outlining the discussion contents

- Reviewing the lecture notes

Self-study 1 credit

hour

+ Interpretation of FET, FPS andexpropriation in investment disputesettlement (cases)

+ Exceptions to the Principles ofInternational Investment Law

- Reading the materials and casescited in textbook

Tutoring

- Content: To give professional advice on the methods of studying; tutoring on searching and reading references; other questions related to the course.

- Time: From 10:20 to 11:50 Monday every week

- Venue: Faculty of International Trade and Business Law, Room A1401.

WEEK 4 – ISSUE 2