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Lecturer(s)
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Course content
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1. Introduction to International Law of Foreign Investment (FI). Basic notions of International Economic law, differences to Public International Law and International Private Law. 2. History of International Law of FI. State contracts, oil concessions. Doctrinal disputes about the character of States contracts. 3. The notion of Investment - economic and legal point of view. The notion of FI. 4. The treatment of FI, their protection, national treatment, the most favourit nation clause. 5. The diplomatic protection as a mean to FI protection. The ICJ case-law on diplomatic protection. 6. Bilateral and Multilateral Investment Treaties. Draft of the Multilateral Agreement on Investment. 7. The neutralization of States´ normative jurisdiction. State clauses on stabilization. Umbrella clauses. 8. Foreign investment and the dispute solution between State and foreign investor. Contract claims/Treaty claims. 9. International Centre on Settlements of Investments Disputes (ICSID). ICSID Arbitration and other types of arbitration. 10. International State responsibility on the basis of BITs. State responsibility and the responsibility of State's agencies. 11. The Czech Republic, FI disputes and international arbitration. Cases against the Czech Republic. 12. Moot case - study. 13. Moot case - solution.
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Learning activities and teaching methods
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Monologic Lecture(Interpretation, Training)
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Learning outcomes
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The International Law on (foreign) Investments is developing basic notions acquired in the courses of Public International Law and International Private Law and completing the optional course of International Arbitration. The course examines in general and in details the relationship between State as a subject of Public International Law and the foreign investor, and this from the point of investment incentives, establishment and hosting of foreign investments, their protection on international level. An accent on the foreign investment dispute is put, so as to the basic rules of their solution.
Students who have completed this course will gain the knowledge and skills necessary to good understanding of basic institutes of the international law on foreign investments, the status of foreign investor in host State, the protection of foreign investments and methods and means of dispute solution at international level.
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Prerequisites
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Completion of this course is not conditional upon completion of some other courses.
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Assessment methods and criteria
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Student performance
The course is ended in written form.
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Recommended literature
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Muchlinski, P. , Ortino, F. and Schreuer. Ch., (eds). (2008). The Oxford Handbook of International Investment Law. Oxford: Oxford University Press. Pp. 1282. $240. ISBN: 9780199231386.
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Šturma, P. Mezinárodní dohody o ochraně investic a řešení sporů. 2. vydání, Linde.
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