| Dozent/in |
Dr. iur. Rodrigo Javier Polanco Lazo |
| Veranstaltungsart |
Vorlesung |
| Code |
HS191341 |
| Semester |
Herbstsemester 2019 |
| Durchführender Fachbereich |
Öffentliches Recht |
| Studienstufe |
Master |
| Termin/e |
wöchentlich (Mi), ab 18.09.2019, 14:15 - 16:00 Uhr, 4.B51 |
| Umfang |
2 Semesterwochenstunden |
| Inhalt |
The international regime for the protection of foreign investments is an important part of International Economic Law. Switzerland alone has entered into over 120 Bilateral Investment Promotion and Protection Agreements (BITs) in order to protect the investments of Swiss companies in partner countries from non-commercial risks such as unlawful expropriation, discriminatory regulations or restrictions on capital flows. Investment protection clauses are also part of preferential trade agreements (PTAs), like NAFTA, CETA and the CPTPP, as well as multilateral treaties, such as the Energy Charter Treaty. In total, today there are more than 3000 international investment agreements (IIAs), including both BITs and PTAs with investment chapters.
The lecture offers an in-depth introduction to international investment protection law with a focus on both the substantive principles governing the protection of foreign investments and procedural mechanisms for the settlement of disputes between the host state and the foreign investor. Following an overview of the history and the underlying rationale of investment protection law, the course will examine the general principles such as expropriation, non-discrimination and fair and equitable treatment, as well as investor-state dispute settlement. Emphasis is also placed on the criticisms against international investment protection, as well as the tension between the international obligations relating to investment protection and the states’ sovereign right to regulate social standards, environmental protection or human rights issues. |
| E-Learning |
https://lms.uzh.ch/url/repositoryentry/16620028130 |
| Lernziele |
To provide students with an understanding of the need for international protection of foreign investors and investments, and the solutions offered by different treaty regimes; to assess the downsides and risks of investment protection; to promote practical skills in arbitration cases; to offer a deeper understanding of the role of investment arbitration in recent treaty negotiations with a view to a comparative law analysis. |
| Voraussetzungen |
The course is designed for advanced students with a strong command of English and an interest in globalisation and international economic relations. Ideally (but not necessarily), students have basic knowledge in (public) International Law. |
| Sprache |
Englisch |
| Begrenzung |
Yes, 28 students |
| Anmeldung |
Registration/deregistration mandatory on the UniPortal from Sept 15 until Sept 30, 2019 / counts as exam registration |
| Leistungsnachweis |
The final grade will be determined on the basis of a presentation of a case during the case studies, class participation and the exam (oral, open book) at the end of the course. |
| Abschlussform / Credits |
See above / 5 Credits (für alle Module ohne anderslautende Angabe)
See above (StuPO 2011) / 6 Credits (für Modul International Investment Protection Law )
See above (StuPO 2016) / 5 Credits (für Modul International Investment Protection Law )
|
| Hinweise |
Lecture and case studies |
| Hörer-/innen |
Ja |
| Kontakt |
rodrigo.polanco@unilu.ch |
| Literatur |
What’s indispensable?
• Reader (syllabus, cases, legal texts), will be provided as PDF;
• Krista Nadakavukaren Schefer, International Investment Law – Text, Cases and Materials, 2nd edition, Edward Elgar Publishing, 2016. |