課程名稱 |
國際投資法與投資仲裁專題討論一 Seminar on International Investment Law and Investment Arbitration(Ⅰ) |
開課學期 |
107-1 |
授課對象 |
法律學院 法律研究所 |
授課教師 |
林彩瑜 |
課號 |
LAW5615 |
課程識別碼 |
A21EU5370 |
班次 |
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學分 |
2.0 |
全/半年 |
半年 |
必/選修 |
選修 |
上課時間 |
星期二3,4(10:20~12:10) |
上課地點 |
法研6 |
備註 |
本課程以英語授課。與大學部合開。 限學士班三年級以上 總人數上限:25人 |
Ceiba 課程網頁 |
http://ceiba.ntu.edu.tw/1071LAW5615_ |
課程簡介影片 |
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核心能力關聯 |
核心能力與課程規劃關聯圖 |
課程大綱
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課程概述 |
Over 3000 international investment agreements (IIA) currently operates through Bilateral investment treaties (BITs) and investment protection provisions of free trade agreements (FTAs). Investment agreements are concluded by the investor’s home country and the host country. Its aim is to protect the investor and investment made in the territory of the host country. By the nature of mixing public-private law, investment treaties usually have a wider implication for the domestic regulatory regime of host states. Notable examples
include trade, tax, intellectual property, renewable energy, environment and public health policies. How to balance investor’ rights and the host state’s right to regulate in public mattes has thus become a topical issue in investment relations.
On dispute settlement, foreign investor are given the direct rights to use international arbitration challenging the host state’s measures. The arbitral rules of the ICSID (International Centre for Settlement of Investment Disputes) and United Nations Commission International Trade Law Arbitration Rules (UNCITRAL) are the two rules which have been most commonly used. As practiced, the number of investor-State arbitration has mushroomed as hundreds of millions of dollars have been awarded as compensation remedies.
This semester will focus on the substantive disciplines of international investment law. (Investment arbitration will be taught in the next semester)
Tentative topics to be discussed follow.
(1) Overview of International Investment Law
(2) Definition on investors and investments
(3) Non-discrimination treatment: National Treatment; Most Favoured Nation
(4) Indirect expropriations and right to regulate
(5) Fair and equitable treatment
(6) Full protection and security/ umbrella clause
(7)Cross-cutting Issues in Investment Law – a Perspective on Sustainable Environment and Public Health |
課程目標 |
The course is designed to help students establish the basic capacity to deal with issues on foreign investment law. |
課程要求 |
1. Class sessions will be conducted by lectures, students’ presentations and discussions.
2. Each student is required to pick up a topic and make presentation in class. The topic shall be approved by the instructor.
3. The Power-Point slides should be delivered to the instructor, teaching assistant and students via e-mail and ceiba three days prior to presentation.
4. Each student is required to write a term paper at the end of the semester. The topic of the term paper needs to be approved by the instructor. The 10-page full-paper should use blue book citation.
5. Attendance for all classes and active class participation is strongly encouraged. In no event, the participants should miss two classes without good reason.
6. The course evaluation will be based on class participation (including attendance and discussion) (40%), the presentation (30%) and the final term paper (30%). All parts of the requirements shall be met by students. If one of the requirements is not met (e.g. without submitting the final term paper), no course grade will be given by the instructor.
7. The class schedule is subject to modification based on the number of students and the progress of class.
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預期每週課後學習時數 |
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Office Hours |
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指定閱讀 |
Reading list will be provided in class. |
參考書目 |
Reading list will be provided in class. |
評量方式 (僅供參考) |
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週次 |
日期 |
單元主題 |
第1週 |
09/11 |
Class Introduction
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第2週 |
09/18 |
The origins of investment protection and International Investment Law |
第3週 |
09/25 |
Investment contracts |
第4週 |
10/02 |
Protected investments and protected investors
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第5週 |
10/09 |
Non-discrimination treatment: National treatment and Most Favoured Nation and |
第6週 |
10/16 |
Indirect expropriations and right to regulate |
第7週 |
10/23 |
Fair and equitable treatment
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第8週 |
10/30 |
Full protection and security
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第9週 |
11/06 |
Umbrella clause
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第10週 |
11/13 |
Defences
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第11週 |
11/20 |
Investment Dispute settlement: Overview
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第12週 |
11/27 |
Student presentations
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第13週 |
12/04 |
Student presentation
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第14週 |
12/11 |
Student presentation
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第15週 |
12/18 |
Student presentation
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第16週 |
12/25 |
Student presentation
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第17週 |
01/01 |
No class
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第18週 |
01/08 |
No class
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