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The course examines selected problems in international investment law and arbitration relevant to a New Zealand context. Alternate year offering.
This course will complement ILAP608 (World Trade Law). In ILAP608, we deal with the international trade rules, as set out in the WTO Agreement. These rules apply almost universally. In ILAP634, we will cover international investment agreements, which are bilateral, such as Chapter 11 of the New Zealand-China Free Trade Agreement, or regional, such as Chapter 9 of the Trans-Pacific Partnership Agreement. We will address the substantive rules, ie the interpretation and application of investment treaties, expropriation, standards of protection, as well as the procedural rules, ie the settlement of disputes (state vs state and investor vs state).ILAP608 and ILAP634 together belong to the broader area of international economic law.
Students will be expected to gain expert knowledge of the relevant legal framework as well as to develop their capacity to critically analyse issues and developments in this field. The present course will be of interest to students wanting to know more about the international investment rules and their impact on business and public policy, and to broaden their knowledge of international law. Upon successful completion of this course and in accordance with the graduate profile, students will be able to:Assessment task: Research Project* Carry out independent research* Communicate the extent of their knowledge, understanding and critical evaluative skills* Understand, explain and apply the principal features of relevant legal instruments * Understand and explain the interplay between investment rules and other rules of international law* Relate their knowledge to current matters of international concern* Locate primary materials relevant to investment law* Subject those primary materials to critical analysis and use them to create an argument based on international law* Read, understand, interpret and critique treaties and the rules relating to their operation* Identify international legal issues in factual scenarios and to construct international legal responses to those issuesAssessment task: Class participation* Reflect on their experience and performance and plan further development of their skills
This course will provide students with an opportunity to develop the Graduate Attributes specified below:
Critically competent in a core academic discipline of their award
Students know and can critically evaluate and, where applicable, apply this knowledge to topics/issues within their majoring subject.
Students will comprehend the influence of global conditions on their discipline and will be competent in engaging with global and multi-cultural contexts.
Subject to the approval of the Programme Director
LAWS333, ILAP632, LAWS371
Students must attend one activity from each section.
Assessment will be by means of a research project. The research project will be on an investment topic chosen by the student in conjunction with the lecturer. This assessment is designed to allow students to pursue their own interests within the parameters of this course. All students are encouraged to discuss their topics and research plans with the lecturer throughout the course.All essays must be submitted electronically in order to be run through plagiarism detection software.
R Dolzer, U Kriebaum, C Schreuer;
Principles of International Investment Law
Oxford University Press, 2022.
Domestic fee $1,037.00
International Postgraduate fees
* All fees are inclusive of NZ GST or any equivalent overseas tax, and do not include any programme level discount or additional course-related expenses.
This course will not be offered if less than 1 person applies to enrol.
For further information see
Faculty of Law