This course will present the basic rules governing the treatment of foreign investment. Participants will learn about the standards of protection including, but not limited to: expropriation of foreign property, fair and equitable treatment, and full protection and security. We will also become familiar with the dispute settlement mechanisms available to investors, both in substance and procedure. The policy concerns of strong investment protection’s impacts on sovereign policy space and the advantages and disadvantages of providing investors with the possibility of bringing a claim directly against the host state will be highlighted throughout the lessons, and should be developed further in the discussion forum.
At the end of the course, the participants should be able to:
- Demonstrate an understanding of the scope of what is an “investment” and who is an “investor”.
- Describe what constitutes a legal expropriation.
- Enumerate the elements examined in testing whether the host has complied with the requirements of “fair and equitable treatment”, “non-discrimination”, and “full protection and security”.
- Demonstrate an understanding of the investor-state arbitration mechanism.
- Discuss the policy implications of treaty-based protection of foreign investment.
The course will be structured around four (4) modules, i.e. one module per week. The last week will be set aside for course completion and wrap-up.
Module I: Basic Information
- Lesson 1: Introduction to the history of investment protection and the sources of international investment rules
- Lesson 2: What is an investment? Who is an investor?
Module II: Standards of Protection
- Lesson 3: Expropriation
- Lesson 4: Fair and Equitable Treatment
- Lesson 5: Full Protection and Security, Non-Discrimination, and Non-Arbitrariness
Module III: Dispute Settlement
- Lesson 6: Evolution of investor-state dispute settlement
- Lesson 7: Jurisdictional Requirements for investor-state dispute settlement
- Lesson 8: Procedural Steps of the arbitration process
Module IV: Critique of Bilateral Investment Treaties (BITs)
- Lesson 9: Effectiveness
- Lesson 10: Transparency
- Lesson 11: Human Rights and BITs
In order to ensure the best possible outreach, the course will be delivered through e-learning. Through a multiple-instructional setting, the goal is to achieve the learning objectives by means of learning technologies that match personal learning styles and by the inclusion of non-linear learning that aims at the development of just-in-time skills of adult learners. At the same time, in order to allow participants maximum flexibility of scheduling , the learning will be conducted in an asynchronous manner. Using a state-of-the-art training architecture, UNITAR will combine self-learning with assessments and online discussions. The pedagogy - adapted specifically to professionals in full-time work - will help train participants through various experiences: absorb (read); do (activity); interact (socialize); reflect (relate to one’s own reality).
This course is designed specifically for senior and middle level officials and professionals wishing to deepen their knowledge and understanding of international investment law and policy issues.
A certificate of completion will be issued jointly by UNITAR and WTI to all participants who complete the course-related assignments and assessments successfully. Course schedule is subject to change. Course fee is non-refundable but transferrable to another course or participant and subject to change as per UNITAR's policy on pricing.