JUS5851 – International Investment Law & Arbitration
Course description
Schedule, syllabus and examination date
Course content
The aim of this course is to develop an understanding of the content, creation, and enforcement of international investment law through theoretical engagement and practical experience. It also aims to develop a critical perspective of this international regime and insight into ongoing and potential reform processes.
International investment law is a unique field of international law. Combining aspects of both public and private law, foreign investors are protected through more than 3400 bilateral and multilateral investment treaties and can bring international claims against their host countries.
The course traces the history, development and the key components of the investment regime. In recent decades, it has undergone a significant transformation, with the fragmented web of treaty protections resulting in around 1500 investment cases – through arbitration. This means that the field has practical significance not only for companies investing abroad, but also for host countries and their autonomy to regulate economic activities within their territory.
This dynamic development of investment law has also opened debate on the nature of investor protection, including criticisms of post-colonialism, its impact on developing countries, and its interaction with human rights and environmental law. In recent years, calls to reform both the substance and procedure of international investment law have intensified and different processes are underway.
The course offers students an opportunity to deeply understand the regime through a strongly experiential approach. The assessment includes negotiation of an investment treaty and a moot based on that treaty. Moreover, students will have the opportunity to meet some of the leading actors from the regime, and key researchers tracing its developments.
Learning outcome
The course aims to give an in-depth understanding of the nature and function of the instruments, mechanisms and processes constituting international investment law and arbitration. It further seeks to develop an historical, critical and empirical perspective on its development. These aims are achieved through a mix of focused lectures, treaty negotiation and mooting, and interaction with regime actors and researchers.
Admission
You may register for this course if you have admission to a Master’s programme at UiO or the faculty's exchange programme. You can also register for this course if you do not have admission to any programme at UiO, but meet the formal prerequistites.
All students are required meet the formal prerequistites.
Have you met the formal prerequisites at another institution than the University of Oslo, and the results are not formally registered at UiO, you must apply for admission to courses at Master’s level . Students with admission to Master’s degree programmes at other faculties than The Faculty of Law must also apply for admission.
When your admission is in order you must register for courses in StudentWeb
Prerequisites
Formal prerequisite knowledge
Students must fill one of these requirements:
- Passed 1st - 3rd year of the 5-years degree Master of Laws (Master i rettsvitenskap at UiO) (or exams that qualify for exemption for these) or
- Hold a 5-years Master’s degree in Laws (Master i rettsvitenskap at UiO) or equivalent.
Exemptions from the formal prerequisites will be given to students with admission to the faculty's own exchange or master’s degree programmes. This rule does not apply to students with admission to other master’s degree programmes at the University of Oslo, unless otherwise agreed.
Recommended previous knowledge
Students are expected to have basic knowledge of international law.
Teaching
The teaching form will be primarily lectures, with a mix of content delivery, interactive exercises, dialogue, flipped classroom, and visiting experts.
Language of teaching for this course is English. This means that all communication during lectures/seminars will be in English, and all literature and auxiliary materials are in English.
Examination
In the spring semester 2024, the assessment is as follows:
- Treaty Negotiation: A written legal commentary on investment treaty provisions negotiated by the student group (max 2000-3000 words per group) (ca. 1/3 of grade)
- Moot arbitration: Written memorial for an investment arbitration dispute (max 4000-6000 words per group) together with oral advocacy in an arbitration hearing (ca. 2/3 of grade)
Students work together in groups of 3 students throughout the semester. Students will receive a single grade in the subject based on their individual written contribution to the texts and oral advocacy.
Use of sources and rules for citing:
Familiarize yourself with the use of sources and citations in legal writing. In an exam situation, using other people’s material without declaring it in a clear manner may be considered cheating or an attempt at cheating. You must cite any sources you draw on.
Your exam paper must be your own independent work. If you break the rules, you may be suspected of cheating or attempted cheating.
Language of examination
The examination text is given in English, and you submit your response in English.
Grading scale
Grades are awarded on a scale from A to F, where A is the best grade and F is a fail. Read more about the grading system.
Marking criteria
This guide is used by examiners for grading this course.
Explanations and appeals
Please note that the subject has an oral exam, you can only appeal the grade for written elements.
Resit an examination
- Illness at exams / postponed exams
- Resitting an examination.
- There are special rules for resitting a passed examination in the master's programme in Law.
Withdrawal from an examination
It is possible to take this exam up to 3 times. If you withdraw from the exam after the deadline or during the exam, this will be counted as an examination attempt.
There are special rules for resitting a passed examination in the master's programme in Law.
Special examination arrangements
Application form, deadline and requirements for special examination arrangements.
Evaluation
The course is subject to continuous evaluation. At regular intervals we also ask students to participate in a more comprehensive evaluation.
Other
The language for this course is English. Students enrolled in the Masterprogrammet i rettsvitenskap must pass one English subject as part of their degree, this course will meet these obligations.