This course will introduce students to the “new order” of international investment protections that emerged during the last quarter of the twentieth century to protect foreign investors from the political risks that traditionally inhibited them from making substantial investments in the third world such as expropriation, regulatory interference, currency exchange controls and devaluation, civil disturbance, breach of contract, and corruption. The course will focus on infrastructure investment and cover special transaction structures, special contract clauses, investment insurance, substantive international law protections, investment arbitration, compensation issues and enforcement issues. It will also address criticisms of the new order, including whether and how the new order might be reformed.
Rudolf Dolzer & Christoph Schreuer, Principles of International Investment Law (Oxford University Press, 2008).
Lecture, discussion, role play
Two short papers and a final paper
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Papers, class participation
Course will include a mock investor-State arbitration with students briefing and arguing motions. Instructor e-mail: Robert.Hornick@law.arizona.edu.