課程資訊
課程名稱
國際投資法與投資仲裁專題討論二
Seminar on International Investment Law and Investment Arbitration(Ⅱ) 
開課學期
110-2 
授課對象
法律學院  法律學系  
授課教師
林彩瑜 
課號
LAW5616 
課程識別碼
A21 U5380 
班次
 
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
 
備註
本課程以英語授課。教室:霖研七1709。
限學士班三年級以上
總人數上限:8人 
 
課程簡介影片
 
核心能力關聯
核心能力與課程規劃關聯圖
課程大綱
為確保您我的權利,請尊重智慧財產權及不得非法影印
課程概述

Environmental crisis, climate change and sustainability have been widely seen as the most urgent challenges of our time. In response to climate change, there has been significant action undertaken by States around the world. It can be expected that there will be a further pressure to act more if States seek to transition to low carbon, sustainable and green economies while ensuring access to secure and affordable energy in light of the UN Sustainable Development Goals (SDGs). In the meantime, it is essential for foreign investors to address the potential impacts of a low carbon transition and damages associated with climate change policy in the future.
To what extent international investment treaty and investor-state arbitration can contribute to, not undermine, climate change and sustainability would be a major topic from climate change-related perspectives. Some new investment treaties have incorporated commitments on sustainable development or high levels of environment. In some cases, foreign investors are also required to conduct responsible business in the host states.
However, on the other hand, there has been a growing concern that international arbitration, in the form of commercial arbitration and investor-state arbitration, may potentially serve as a new forum for climate change-related disputes. As practiced, a rising number of treaty claims to date have been concerned with investments in renewable energies, such as solar, wind and hydropower. There have been around 40 claims against Spain under the Energy Charter Treaty following Spain’s change of its renewable energy policies (e.g. Charanne v. Spain, Eiser v. Spain, Isolux v. Spain, Novenergia v. Spain.) It is anticipated that in the coming years, using international arbitration to address climate change disputes is likely to continue and become more globalized.
Against the above background, this semester, we will look at the issues on investment protection in the age of climate change.
Tentative topics to be discussed are as follows.
I. International Investment Treaties and Environmental Protection/ Climate Change/Sustainability
1. UN Sustainable Development Goals (SDGs), Climate Change and Investment
2. The Salience of Investment Protection under Investment Treaties
3. An Introduction to Investor-State Treaty Arbitration
4. Special Considerations on Environmental Protection/Climate Change/Sustainability under Investment Treaties
II. Investor-State Arbitration, Disputes and Procedure: Environmental Protection/ Climate Change/Sustainability
5. Involving Investor-State Arbitration for Climate Change Challenges through Green Investment
6. An Ethical Rule in International Arbitration for More Climate Friendly Proceedings
7. Role of Environmental Principles/SDGs in an Investor-State Arbitration
8. Environmental Counterclaims for Environmental Damages in an Investment Dispute
9. Renewable Energy Disputes, the Energy Charter Treaty (ECT) and Sustainable Development
III. The Future of Investment Treaties in the Times of Climate Change/Sustainability
10. New Innovations for Climate-Positive and Sustainable Development Provisions: A Trend for Future Free Trade Agreements
11. Socially and Environmentally Responsible Investment, Corporate Responsibility and Obligations under Investment Treaties
12. The Future for the Energy Charter Treaty (ECT) in times of Climate Change: Reform or Termination?
13. Will International Investment Court be a Suitable Alternate for Climate Change-related Disputes?
IV. Negotiation Simulation Exercise

Students will be divided into several groups as country representatives/delegates, presenting a proposal for discussion in negotiation simulation exercise. The draft topic will be prepared by the instructor. Country’s proposals shall be well-prepared and sent to all participants at the latest prior to 3 days before class.
 

課程目標
It is hoped that this course will enhance students’ professional knowledge and capability in the cross-cutting fields of international investment law, climate change/sustainable development law and investment arbitration. 
課程要求
1. Each student is required to present a chosen topic (as a presenter) based on assigned papers (with other useful materials) and lead class discussion.
2. Each student is also required to comment the chosen topic as a commentator.
3. The Power-Point slides for a presentation should be sent to the instructor, teaching assistant and students via COOL two days prior to presentation.
4. Writing a term paper is optional. A 10-page paper using blue book citation is welcome.
5. Attendance for all classes and active class participation are strongly encouraged.
6. The course evaluation will be based on four parts: class attendance (20%), class participation (30%), presentation (25%) and performance of negotiation simulation exercise (25%).
7. All parts of the requirements shall be met by students. If one of the requirements is not met (e.g. without participating negotiation simulation exercise or making paper presentation), no course grade will be given by the instructor.

 
預期每週課後學習時數
 
Office Hours
 
參考書目
Suggested reading materials will be provided in class. 
指定閱讀
Required reading materials will be provided in class. 
評量方式
(僅供參考)
   
課程進度
週次
日期
單元主題
無資料