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Investment Law

This document provides an overview of two lectures on international investment law: (1) General issues of international investment law, and (2) Minimum standards of treatment in international investment law. It includes required and supplementary reading materials, primary materials to be covered, issues to be discussed for the first lecture, and brief summaries of key investment law cases and the Norwegian government's proposed model investment agreement.

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Shirat Mohsin
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43 views14 pages

Investment Law

This document provides an overview of two lectures on international investment law: (1) General issues of international investment law, and (2) Minimum standards of treatment in international investment law. It includes required and supplementary reading materials, primary materials to be covered, issues to be discussed for the first lecture, and brief summaries of key investment law cases and the Norwegian government's proposed model investment agreement.

Uploaded by

Shirat Mohsin
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as PPT, PDF, TXT or read online on Scribd
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Two lectures on international investment law:

(1) General issues of international investment law


(2) Minimum standards of treatment in international
investment law Lecture and cases

Professor Mads Andenas

1
Reading for General issues of international
investment law

Reread from 3/2: Dolzer and Schreuer pp. 1-


30
Mandatory: Dolzer and Schreuer pp. 46-70
Supplementary: Bishop, Crawford and
Reisman, Foreign Investment Disputes
(Kluwer Law International 2005), pp. 1-17,
491-501, 517-521, 526-530, 555-562.

2
Primary materials for general issues of
international investment law

Primary materials:
ICSID Convention
Energy Charter Treaty Parts I, III and V.
NAFTA Chapter XI.

3
General issues of international investment law to
be discussed

The Norwegian Governments proposal for Model


for Future Investment Agreements and the
submissions in the public consultation. There is
an English translation of the Model and several
of the submissions are
http://www.regjeringen.no/nb/dep/nhd/dok/Horin
ger/Horingsdokumenter/2008/horing---modell-
for-investeringsavtaler/-4.html?id=496026
TSA Spectrum de Argentina SA v Argentina,
Award, ICSID Case No ARB/05/5; IIC 358
(2008), 19 December 2008. You find the award
on http://www.investmentclaims.com/
4
Introduction to international investment law

The development of international investment


law
The basic model: restriction of host state
sovereignty in order to attract foreign
investment
Treaty law and customary international law
Evolving treaty practice

5
Investors
Who can be an investor:
Individuals,
companies,
nationality and
shareholders

6
Investments
What constitutes an investment

7
Investment contracts
Types of investment contracts
Applicable law
Stabilisation clauses
Renegotiation and adaption

8
TSA Spectrum de Argentina

TSA Spectrum de Argentina SA v


Argentina, Award, ICSID Case No
ARB/05/5; IIC 358 (2008), 19 December
2008.

9
Metalclad v Mexico
Metalclad v Mexico, Award, 30 August
2000, 5 ICSID Reports 209.

10
Maffezini v Spain
Maffezini v Spain, Award on the merits, 13
November 2000, ICSID Reports 419.

11
ELSI

ELSI (United States v Italy) ICJ Reports


1989, 15.

12
Saluka v Czech Republic

Saluka v Czech Republic, Partial Award,


17 March 2006.

13
Norwegian model

The Norwegian Governments proposal for


Model for Future Investment Agreements
and the submissions in the public
consultation.
See for instance the submission by the
NCHR

14

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