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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 complements LAWS338 (World Trade Law). In LAWS338, we deal with the international trade rules as set out in the WTO Agreement. These rules apply almost universally. In this course, 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).LAWS371 and LAWS338 together belong to the broader area of international economic law.
Students will be expected to gain a solid 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 of the Bachelor of Laws degree, students will be able to:Assessment task: EssayCarry out independent research and communicate the findings of their research in written formUnderstand and explain the interplay between investment rules and other legal instrumentsLocate relevant primary materials Subject those primary materials to critical analysis and use them to create an argument based on international lawRelate the knowledge acquired to current matters of international concernAssessment task: Final examIdentify legal issues in factual scenarios and construct legal responses to those issuesUnderstand, interpret, apply and critique relevant legal instruments of investment law Read, understand, interpret and critique treaties and the rules relating to their operation
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.
Globally aware
Students will comprehend the influence of global conditions on their discipline and will be competent in engaging with global and multi-cultural contexts.
LAWS333 and ILAP634
LAWS202-LAWS206
Christian Riffel
This course may be assessed by way of an essay and a final exam. The assessment in this course will be confirmed in the first week of lectures.
R Dolzer, U Kriebaum, C Schreuer; Principles of International Investment Law ; 3rd ed; Oxford University Press, 2022.
Domestic fee $868.00
International fee $4,488.00
* 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 fewer than 10 people apply to enrol.
For further information see Faculty of Law .