JUS5851 – International Investment Law & Arbitration
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.
For students enrolled in?Rettsvitenskap (jus) (master - 5 ?r): Have you considered?a specialization?as part of your degree? The course is part of the profile Marked, innovasjon og konkurranse?and Konflikth?ndtering og prosess, tvist og straff.
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.
See learning outcome for JUS5851
Admission to the course
You may register for this course if you have admission to a Master’s programme at UiO or the faculty's exchange programme and meet the formal prerequisites.
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?(information in Norwegian only). Students with admission to Master’s degree programmes at other faculties than The Faculty of Law must also apply for admission.
All students are required to meet the formal prerequisites.
When your admission is in order you must register for courses in StudentWeb.
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 materials are in English.
Examination
?Students are graded on the basis of a Portfolio Assessment
Treaty Negotiation: A written legal commentary on investment treaty provisions negotiated by the student group (max 1500- 2250 words per group) (ca. 25% of the grade)
Jurisdictional Moot: A written memorial for the jurisdictional part of an investment arbitration dispute (max 1500- 2250 words per group) together with oral advocacy in an arbitration hearing (ca. 25% of the grade)
Substantive Moot: A written memorial for the jurisdictional part of an investment arbitration dispute (max 3000- 4500 words per group) together with oral advocacy in an arbitration hearing (ca. 50% of the grade)
Students will submit the Treaty Negotiation legal commentary and both moot memorials in Canvas, and will receive written feedback and an indicative grade during the semester on the Treaty Negotiation and Jurisdictional Moot.
Students work together in groups throughout the semester. Students will receive a single final grade in the subject. You must also upload the Treaty Negotiation legal commentary and both moot memorials in the exam system Inspera.?Read about how to submit your answer.?
See the maximum length for the different assignments above. Front page, contents page (optional) and bibliography are not included. If footnotes are used in the text (at the bottom of each page), they are included in the above mentioned word limits.??
Papers that exceed the the word limits may be rejected.
You must familiarize yourself with the rules that apply to exam support materials, and the use of sources and citations. If you violate these rules, you may be suspected of cheating or attempted cheating. You can read about what the university considers cheating, and the consequences of cheating here
Examination support material
All available exam resources are allowed when answering this exam. Rules for source referencing are crucial for determining whether the use of resources is permitted. If ChatGPT or another large language model is used in the work, there must be a description of how it was employed and for what purpose. You will be assessed on your own contribution to the written and oral work in your group. Your exam paper must be an independent work unless you present /submit as a group.
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.
This guide is used by examiners for grading elective courses at the Faculty of Law.
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.
More about examinations at UiO
- Use of sources and citations
- How to use AI as a student
- Special exam arrangements due to individual needs
- Withdrawal from an exam
- Illness at exams / postponed exams
- Explanation of grades and appeals
- Resitting an exam
- Cheating/attempted cheating
You will find further guides and resources at the web page on examinations at UiO.