Untitled HANOI LAW UNIVERSITY FACULTY OF INTERNATIONAL TRADE AND BUSINESS LAW DETAILED OUTLINE INTERNATIONAL INVESTMENT LAW (FOR HLU INTERNAL USE ONLY) Semester 1, Academic Year 2021 2022 1 lOMoARcPSD.
Trang 1HANOI LAW UNIVERSITY FACULTY OF INTERNATIONAL TRADE AND BUSINESS LAW
DETAILED OUTLINE
INTERNATIONAL INVESTMENT LAW
(FOR HLU INTERNAL USE ONLY)
Semester 1, Academic Year 2021-2022
Trang 2HANOI LAW UNIVERSITY FACULTY OF INTERNATIONAL TRADE AND BUSINESS LAW
DEPARTMENT OF MULTILATERAL TRADE AND INTERNATIONAL INVESTMENT LAW
1 LECTURER INFORMATION
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 PREREQUISITES
- Commercial Law 1 (CNBB12)
- Commercial Law 2 (CNBB13)
- Public International Law (CNBB17)
3 COURSE DESCRIPTION
Trang 3International 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 system governing investment liberalization, investment protection, the institutional, economic and political influence on international investment This course aims to introduce students to the standards of treatment 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 CONTENTS 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 LEARNING OUTCOMES
This course aims at introducing students to the core principles of international investment law and
Trang 4investment 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, students will be able to:
5.1 Knowledge
K1 Understand the historical context, sources and fundamental principles of international investment law;
K2 Understand and interpret the international investment law texts, especially investment treaties and investment disputes;
K3 Understand the investor-state dispute settlement mechanism (ISDS) and international investment arbitration in particular;
K4 Understand the policies and legal framework in Vietnam regulating international investment relations;
K5 Apply the substantive and procedural principles of international investment law to explain the specific situations in relationships between foreign investors and host states;
K6 Apply legal English in the field of international investment law
5.2 Skills
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 investment law
5.3 Capacity
C12 Be confident, willing to acquire new knowledge and open to different viewpoints in the field; C13 Develop a sense of honesty, striving for progress and protection of justice;
C14 Develop a sense of respect and compliance with the law;
C15 Develop professional working ethics
Trang 56 DETAILED OBJECTIVES
Objective
Issue
1.
Overview of
International
Investment
and
International
Investment
Law
1A1 Introducing the
history of economic globalization and international investment
1A2 Presenting the historical development of international investment law
1A3 Listing sources of
international investment law
1A4 Listing different
aspects in the scope of investment treaties
1A5 Listing customary
international law governing foreign investment relationships
1B1 Analysing the reasons
that investment treaties have come to play a dominant role in investment protection
1B2 Analysing the concept
of political risk insurance
as an alternative or a supplement to treaty protection and dispute settlement
1B3 Analysing the scope
of a particular investment treaty in terms of covered investor and covered investment
1B4 Analysing the scope
of a particular investment treaty in terms of covered investor and covered investment
1C1 Giving comments
on the the ways investors can protect their rights in the host countries
1C2 Giving comments
on the current features of treaty practice and arbitral practice in international investment law
1C3 Giving comments
on the current features of treaty practice and arbitral practice in international investment law
2.
Fundamental
Principles of
International
Investment
Law
2A1 Identifying the
components of the most favoured nation (MFN) principle
2A2 Identifying the
components of the national treatment (NT) principle
2B1 Analysing the interpretations of MFN by investment tribunals
2B2 Analysing the interpretations of NT by investment tribunals
2B3 Analysing the relationship between the
2C1 Assessing the importance of the like circumstance
requirement and relevance of WTO jurisprudence
2C2 Giving comments
on the impact of fair and
Trang 62A3 Identifying the elements of fair and equitable treatment (FET) principle
2A4 Presenting the scope
of full protection and security (FPS) standard
2A5 Presenting the content of protection of foreign investors against unlawful expropriation
2A6 Presenting the methods of resolving investor-state disputes
2A7 Presenting the content of other principles
of investment protection (umbrella clause, transfer
of funds, movement of natural persons, performance
requirements)
exceptions of the basic principles of international investment law
international minimum standard of treatment and FET
2B4 Analysing the
interpretation of FET in investment disputes
2B5 Analysing the application of FPS in investment disputes
2B6 Distinguishing lawful
and unlawful, direct and indirect expropriation
2B7 Distinguishing the
sole-effect doctrine and police power doctrine in determination of indirect expropriation
2B8 Analysing the
advantages and disadvantages of investor-state arbitration
2B9 Analysing the advantages and disadvantages of diplomatic protection
2B10 Analysing criticisms
against ISDS
equitable treatment principle on investment liberalization
2C3 Comparing the fair
and equitable treatment standard with the full protection and security standard
2C4 Giving comments
on recent developments and limitations of investment arbitration
2C5 Assessing the jurisprudence approaches
to interpretation of umbrella clauses
2C6 Assessing the role
of exceptions in protecting regulatory space of host states
2C7 Evaluating the pros
and cons of an appellate review mechanism in investment arbitration
3.
Viet Nam
and
International
3A1 Presenting the WTO,
FTA and BIT commitments of Vietnam regarding international
3B1 Analysing the content
of investment treaties of Vietnam
3C1 Giving comments
on the Vietnam’s commitments in recent investment treaties or
Trang 7Law
investment
3A2 Presenting the
Vietnamese legal system regulating international investment relations
3A3 Presenting the coordination process of ISDS in Vietnam
Vietnamese law regulating international investment relations
3B3 Analysing the major
differences between traditional and new generation investment treaties of Vietnam
investment chapters of free trade agreements (CPTPP and EVIPA)
3C2 Giving comments
on the practice of Vietnam’s ISDS
3C3 Giving comments
on the new investor-state dispute settlement mechanism in EVIPA
7 SYNTHESIS OF THE DETAILED OBJECTIVES
Objectives
MATRIX
Issue Objectiv
e
K1 K2 K3 K4 K5 K6 S7 S8 S9 S10 S11 C12 C13 C14 C15
Trang 81A5
Trang 92B9
Issue 3
8 READING MATERIALS
Compulsory Readings
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 and can be downloaded at http://pltmqt.hlu.edu.vn/SubNews/Details/17088 )
Optional Readings
* Books
1 Andrew Newcombe, LLuis Paradell, Law and Practice of Investment Treaties: Standards of
Trang 10Treatment, Kluwer Law International, 2009.
2 Jurgen Kurtz, The WTO and International Investment Law: Converging Systems, Cambridge
University Press, 2016
3 M Sornarajah, The International Law on Foreign Investment, Cambridge University Press, Third
Edition, 2010
4 Marie-Claire Cordonier Segger, Markus W Gehring, Andrew Newcombe, Sustainable Development
in World Investment Law, Kluwer Law International, 2011.
5 Mavluda Sattorova, The Impact of Investment Treaty Law on Host States: Enabling Good
Governance, Hart Publishing, 2018.
6 Peter Muchlinski, Federico Ortino, and Christoph Schreuer, The Oxford Handbook of International
Investment Law, Oxford University Press, 2008
7 Surya P Subedi, International Investment Law - Reconciling Policy and Principle, Hart Publishing,
Third Edition, 2016
8 Thomas Cottier and Krista Nadakavukaren Schefer, Elgar Encyclopedia of International Economic
Law, Edward Elgar Publishing, 2017.
* Legal texts and reports
Trang 111 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 (IPA) 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 Internationally Wrongful Acts 2001
9 2012 US Model Bilateral Investment Treaty,
https://2009-2017.state.gov/documents/organization/188371.pdf
10.Decision No 14/2020/QD-TTg dated 08 April 2020 on Promulgation of Regulation on Coordination in Resolution of International Investment Disputes
11. WTO, Report of the Working Party on the Accession of Viet Nam and Viet Nam’s WTO
Commitments, https://www.wto.org/english/thewto_e/acc_e/a1_vietnam_e.htm
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
https://unctad.org/en/Pages/Publications/Series.aspx
14. UNCTAD, Investment Policy Review: Vietnam, 2008,
https://unctad.org/en/pages/PublicationArchive.aspx?publicationid=521
15.OECD, OECD Investment Policy Reviews: Vietnam 2018,
https://aanzfta.asean.org/uploads/2018/12/OECD-Investment-Policy-Review-Viet-Nam-2018.pdf
16.OECD, OECD Investment Policy Reviews: Southeast Asia, 2018,
https://www.oecd.org/daf/inv/investment-policy/Southeast-Asia-Investment-Policy-Review-2019.pdf
17.World Bank, 2019 Investment Policy and Regulatory Review – Vietnam,
https://openknowledge.worldbank.org/bitstream/handle/10986/33598/Vietnam-2019-Investment-Policy-and-Regulatory-Review.pdf?sequence=1&isAllowed=y
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/
Trang 1219.Other International Investment Agreements
* Websites
1 UNCTAD, https://investmentpolicy.unctad.org/
2 UNCITRAL, http://www.uncitral.org
3 ICSID, http://icsid.worldbank.org
4 WTO, http://www.wto.org
5 USTR, http://www.ustr.gov
6 EU, https://ec.europa.eu/trade/
7 WTO Center, http://www.trungtamwto.vn/
8 https://www.italaw.com/
9 http://www.investment-law-digest.com/
10 https://www.iisd.org/itn/
11 https://moj.gov.vn/Pages/home.aspx
9 TEACHING AND LEARNING METHODS/APPROACHES
- A combination of different teaching and learning methods, including: Lecture; Socrates; Case Method; Workshop; Teamwork Presentation; and Others
- Students are required to read the materials before attending class and to participate actively in class discussion
10 COURSE SCHEDULE AND TEACHING PLAN
10.1 COURSE SCHEDULE
Week Issue Lecture Seminar Team work
Total of credit hours
1 1 4 (0) (2) (3) Receiving Assignments 6
4 2 2 (4) (2) (3) Submitting Teamwork
Assignment 6
Trang 135 3 2 (4) (2) (3) Submitting Semester
Assignment 6
12 sessions 16 sessions 10 sessions 15 sessions
Total of
10.2 TEACHING PLAN
WEEK 1 – ISSUE 1
Format Credit
Lecture 1 2 credit
hours
- Introduction of the Course
- Overview of International Investment and International Investment Law (Definition, History, Sources)
- Reading the Course Outline
- Reading:
+ Hanoi Law University,
Textbook on International
Publishing House, Hanoi, 2017,
Chapter One, Sections 1,2,3,5
Lecture 2 2 credit
hours - Scope of Invesment Treaties
- Reading:
+ Hanoi Law University, Textbook
on International Investment Law,
Youth Publishing House, Hanoi,
2017, Chapter One, Section 4
Teamwork 1 credit
hour
- Formation of teams
- Discussion of teamwork assignments and allocation of tasks
- Reading the materials and the teamwork assignments
- Outlining the discussion contents
- Reviewing the lecture notes
Self-study 1 credit
hour
Structure of an international investment agreement
- Reading the materials and cases cited in textbook
Consultation
- Scope: 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.