課程資訊
課程名稱
國際投資法與投資仲裁專題討論
Seminar on International Investment Law and Investment Arbitration 
開課學期
105-1 
授課對象
法律學院  法律學系  
授課教師
林彩瑜 
課號
LAW5528 
課程識別碼
A21EU3590 
班次
 
學分
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4 
備註
本課程以英語授課。與研究所合開。
限學士班三年級以上
總人數上限:24人 
Ceiba 課程網頁
http://ceiba.ntu.edu.tw/1051LAW5528_ 
課程簡介影片
 
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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 arbitrations has mushroomed as hundreds of millions of dollars have been awarded as compensation remedies. Investment arbitration usually affects a wider public interest of a host state and thus has invited hot debates within international economic community.
Tentative topics to be discussed follow.
(1) Overview of International Investment Law – Proliferation in Asia
(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: the emerging proportionality principle?
(6) Full protection and security/ umbrella clause
(7) Cross-cutting Issues in Investment Law – Asia Perspective on Sustainable Environment and Public Health
(8) BIT dispute settlement in East Asia and the dispute settlement in the investment chapter of the Trans-Pacific Partnership (TPP)
(9) Introduction to ICSID arbitral rules(I): ICSID Jurisdiction, applicable law and interim measure
(10) Introduction to ICSID arbitral rules(II):Challenge and annulment procedures
(11) Introduction to ICSID arbitral rules(II): Enforcement and sovereign immunity
 

課程目標
The course is designed to help students establish the basic capacity to deal with issues on foreign investment law. It will also help students have good basic knowledges of investment arbitration.  
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 adn discussion) (40%), the presentation (30%) and the final term paper (30%).
7. The class schedule is subject to the number of students and the progress of discussions in class.


 
預期每週課後學習時數
 
Office Hours
 
參考書目
Useful references will be suggested in class. 
指定閱讀
 
評量方式
(僅供參考)
   
課程進度
週次
日期
單元主題
第1週
9/13  Class Introduction 
第2週
9/20  Overview of International Investment Law – Proliferation in Asia  
第4週
10/4  Definitions of investment and investor
 
第5週
10/11  National Treatment
 
第6週
10/18  Most Favoured Nation Treatment
 
第7週
10/25  Indirect expropriations and right to regulate