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HANOI LAW UNIVERSITY FACULTY OF INTERNATIONAL TRADE AND BUSINESS LAW APPROVAL OF PRINCIPAL DETAILED OUTLINE INTERNATIONAL INVESTMENT LAW (FOR HLU INTERNAL USE ONLY) HANOI - 2022 1 Program: Course title: Credit points: Type of the course: Bachelor of Laws International Investment Law (English-Taught) 02 Optional INFORMATION OF LECTURERS No 10 11 Name Ngo Trong Quan Doan Thanh Huyen Nguyen Ba Binh Title LL.M LL.M Assoc.Prof Nguyen Thi Anh Tho Nguyen Mai Linh Trinh Hai Yen Lai Thi Van Anh Nguyen Thi Nhung Dinh Anh Tuyet Pham Minh Duc Vo Le Nam LL.M LL.M Ph.D LL.M LL.M LL.M LL.M LL.M Email ngotrongquancbg@gmail.com huyendt@hlu.edu.vn nguyenbabinh@hotmail.com Tel 04.37731787 04.37731787 04.37731787 nguyenanhtho0102@yahoo.com mailinhnguyen110@gmail.com pltmdpdtqt@gmail.com pltmdpdtqt@gmail.com pltmdpdtqt@gmail.com pltmdpdtqt@gmail.com pltmdpdtqt@gmail.com pltmdpdtqt@gmail.com 04.37731787 04.37731787 04.37731787 04.37731787 04.37731787 04.37731787 04.37731787 04.37731787 Office of Department of Multilateral Trade and International Investment Law Room A1401, Building A, Hanoi Law University No 87, Nguyen Chi Thanh Street, Dong Da, Ha Noi Working hours: 8h00 – 17h00 everyday (except for Saturday, Sunday, and holidays) PREREQUISITE COURSES - Public International Law (CNBB19) - International Trade and Business Law (CNBB22) SUMMARY OF THE COURSE International investment law has been emerging as a distinct and dynamic field of international law The course on International Investment Law provides the basic knowledge of the legal system governing investment liberalization, investment protection, the institutional, economic and political influence on international investment This course aims to introduce students to the standards of treatment of foreign investments and resolution of foreign investment disputes The main topics in the 2 course include: 1) Overview of International Investment and International Investment Law 2) Fundamental Principles of International Investment Law 3) Viet Nam and International Investment Law CONTENT OF THE COURSE Issue Overview of International Investment and International Investment Law 1.1 Globalization and International Investment 1.2 Historical Development of International Investment Law 1.3 Defining the Scope of Investment Treaties 1.4 Sources of International Investment Law Issue Fundamental Principles of International Investment Law 2.1 Most Favoured Nation (MFN) 2.2 National Treatment (NT) 2.3 Fair and Equitable Treatment (FET) 2.4 Full Protection and Security (FPS) 2.5 Protection against Unlawful Expropriation (Takings) 2.6 Investor-State Dispute Settlement (ISDS) 2.7 Umbrella Clause and Other Principles of Investment Protection 2.8 Exceptions to the Principles of International Investment Law Issue Viet Nam and International Investment Law 3.1 International Commitments of Vietnam Regarding Investment 3.2 Vietnamese Law Regulating International Investment Relations 3.3 Vietnam’s Investor-State Dispute Settlement (ISDS) OUTPUT STANDARDS OF THE COURSE AND MEET THE OUTPUT STANDARDS OF THE TRAINING PROGRAM 5.1 The Course Learning Outcomes (CLOs) This course aims at introducing students to the core principles of international investment law and investment dispute settlement mechanism Students are encouraged to reflect on the economic activity of foreign direct investment in its political and social context Upon completion of the course, students 3 will be able to: Knowledge K1 Understand the historical context, sources and fundamental principles of international investment law; K2 Understand and interpret the international investment law texts, especially investment treaties and investment disputes; K3 Understand the investor-state dispute settlement mechanism (ISDS) and international investment arbitration in particular; K4 Understand the policies and legal framework in Vietnam regulating international investment relations; K5 Apply the substantive and procedural principles of international investment law to explain the specific situations in relationships between foreign investors and host states; K6 Apply legal English in the field of international investment law Skills S7 Search for and update international investment agreements and case law; S8 Conduct research on international investment law and arbitration; S9 Design and deliver a presentation on international investment law; S10 Work independently and collaboratively with other students to prepare a research paper; S11 Develop arguments and critical thinking to solve practical situations in international investment law Self-control ability and self-responsibility T12 Be confident, willing to acquire new knowledge and open to different viewpoints in the field; T13 Develop a sense of honesty, striving for progress and protection of justice; T14 Develop a sense of respect and compliance with the law; T15 Develop professional working ethics 5.2 The matrix demonstrating the compatibility of the CLOs with the TPLOs Course Learning Outcomes The Knowledge LOs of the training program K8 The ability LOs of the training program The Skill LOs of the training program S16 S17 S18 S19 S23 S24 S25 T29 T30 T31 K1 K2 K3 K4 K5 K6 S7 S8 S9 S10 S11 T12 T13 T14 T15 LEARNING OBJECTIVES 6.1 Detailed learning objectives Objective Level Issue Overview of 1A1 history Introducing of Level the 1B1 Analysing the reasons 1C1 Giving comments economic that investment and have come International globalization dominant Investment international investment and 1A2 Presenting Law international law to treaties on the the ways investors play role a can protect their rights in in the host countries the investment protection International historical development of 1B2 Investment Level Analysing 1C2 Giving comments the on the current features of investment concept of political risk treaty insurance as an alternative arbitral practice practice and in 1A3 Listing sources of or a supplement to treaty international investment international investment protection and dispute law settlement law 1C3 Giving comments different 1B3 Analysing the scope on the current features of practice and aspects in the scope of of a particular investment treaty treaty in terms of covered arbitral practice in investment treaties 1A4 Listing 1A5 Listing customary investor and covered international investment international law investment law governing foreign 1B4 Analysing the scope investment relationships of a particular investment treaty in terms of covered investor 2A1 Identifying and covered investment the 2B1 Analysing the 2C1 Assessing the Fundamental components of the most interpretations of MFN by importance of the like circumstance Principles of favoured nation (MFN) investment tribunals International principle Investment Law 2A2 the requirement of the interpretations of NT by relevance jurisprudence the investment tribunals 2B2 Identifying components of Analysing and WTO national treatment (NT) 2B3 Analysing the 2C2 Giving comments principle relationship between the on the impact of fair and treatment 2A3 Identifying the international minimum equitable and standard of treatment and principle on investment liberalization equitable treatment (FET) FET elements of fair principle the 2C3 Comparing the fair 2A4 Presenting the scope interpretation of FET in and equitable treatment standard with the full of full protection and investment disputes security (FPS) standard 2B5 Analysing the protection and security 2A5 2B4 Presenting Analysing the application of FPS content of protection of investment disputes in standard 2C4 Giving comments foreign investors against 2B6 Distinguishing lawful on recent developments limitations of unlawful expropriation and unlawful, direct and and investment arbitration 2A6 Presenting the indirect expropriation Assessing the resolving 2B7 Distinguishing the 2C5 investor-state disputes sole-effect doctrine and jurisprudence approaches interpretation of 2A7 Presenting the police power doctrine in to methods of content of other principles determination of indirect umbrella clauses 2C6 Assessing the role of investment protection expropriation 6 (umbrella clause, transfer 2B8 Analysing of funds, movement of advantages natural the of exceptions and protecting in regulatory persons, disadvantages of investor- space of host states performance state arbitration requirements) 2B9 2A8 Analysing Presenting advantages 2C7 Evaluating the pros the and cons of an appellate and review exceptions of the basic disadvantages mechanism in of investment arbitration principles of international diplomatic protection investment law 2B10 Analysing criticisms against ISDS 3A1 Presenting the WTO, 3B1 Analysing the content 3C1 Giving comments FTA and BIT of investment treaties of on commitments of Vietnam Vietnam regarding Viet Nam and the Vietnam’s commitments in recent international 3B2 Analysing investment treaties or investment Vietnamese law regulating investment chapters of 3A2 Presenting the international investment free trade agreements (CPTPP and EVIPA) Vietnamese legal system relations regulating international 3B3 Analysing the major International investment relations differences between Investment 3A3 Presenting the traditional and new Law coordination process of generation investment ISDS in Vietnam treaties of Vietnam 3C2 Giving comments on the practice of Vietnam’s ISDS 3C3 Giving comments on the new investor-state dispute settlement mechanism in EVIPA 6.2 Total learning objectives Objectives Level Level Level Total Issue 12 Issue 10 25 Issue 7 Issue 3 3 Total 16 17 13 46 THE MATRIX DEMONSTRATING THE COMPATIBILITY OF THE DETAILED LEARNING OBJECTIVES WITH CLOs Issue Knowledge Objectiv e K1 K2 1A1 1A2 K3 K4 Skills Ability K5 K6 S7 S8 S9 S10 S11 T12 T13 T14 T15 1A3 1A4 1A5 1B1 1B2 1B3 1B4 1C1 1C2 1C3 2A1 2A2 2A3 2A4 2A5 2A6 Issue Issue Issue 2A7 2A8 2B1 2B2 2B3 2B4 2B5 2B6 2B7 2B8 2B9 2B10 2C1 2C2 2C3 2C4 2C5 2C6 2C7 3A1 3A2 3A3 3B1 3B2 3B3 3C1 3C2 3C3 READING MATERIALS 8.1 Compulsory Materials Hanoi Law University, Textbook on International Investment Law, Youth Publishing House, Hanoi, 2017 (This Bilingual Textbook was published within the framework of the EU-MUTRAP Project and can be downloaded at http://pltmqt.hlu.edu.vn/SubNews/Details/17088) 8.2 Recommended Materials * Books Andrew Newcombe, LLuis Paradell, Law and Practice of Investment Treaties: Standards of Treatment, Kluwer Law International, 2009 August Reinisch, Advanced Introduction to International Investment Law, Edward Elgar Publishing, 2020 C L Lim, Jean Ho, Martins Paparinskis, International Investment Law and Arbitration: Commentary, Awards and other Materials (2nd edition), Cambridge University Press, 2021 Jean Ho, State Responsibility for Breaches of Investment Contracts, Cambridge University Press, 2018 Jeffery Commission and Rahim Moloo, Procedural Issues in International Investment Arbitration, Oxford University Press, 2018 Johanne M Cox, Expropriation in Investment Treaty Arbitration, Oxford University Press, 2019 Jurgen Kurtz, The WTO and International Investment Law: Converging Systems, Cambridge University Press, 2016 M Sornarajah, The International Law on Foreign Investment, Cambridge University Press, Third Edition, 2010 Marie-Claire Cordonier Segger, Markus W Gehring, Andrew Newcombe, Sustainable Development in World Investment Law, Kluwer Law International, 2011 10 Mavluda Sattorova, The Impact of Investment Treaty Law on Host States: Enabling Good Governance, Hart Publishing, 2018 10 10 11 Peter Muchlinski, Federico Ortino, and Christoph Schreuer, The Oxford Handbook of International Investment Law, Oxford University Press, 2008 12 Peter Muchlinski, Multinational Enterprises and the Law (Third Edition), Oxford University Press, 2019 13 Surya P Subedi, International Investment Law - Reconciling Policy and Principle, Hart Publishing, Third Edition, 2020 14 Thomas Cottier and Krista Nadakavukaren Schefer, Elgar Encyclopedia of International Economic Law, Edward Elgar Publishing, 2017 15 Wongkaew Teerawat, Protection of Legitimate Expectations in Investment Treaty Arbitration, Cambridge University Press, 2019 16 Yannick Radi, Rules and Practices of International Investment Law and Arbitration, Cambridge University Press, 2020 * Legal texts and reports 11 11 The ICSID Convention 1965 The New York Convention 1958 The ASEAN Comprehensive Investment Agreement (ACIA) 2009 The North American Free Trade Agreement (NAFTA) 1994 The European Union – Vietnam Investment Protection Agreement (EVIPA) 2019 The Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP) 2018 The Vienna Convention on the Law of Treaties (VCLT) 1969 International Law Commission Draft Articles on Responsibility of States for Internationally Wrongful Acts 2001 2012 US Model Bilateral Investment Treaty, https://2009-2017.state.gov/documents/organization/188371.pdf 10 Decision No 14/2020/QD-TTg dated 08 April 2020 on Promulgation of Regulation on Coordination in Resolution of International Investment Disputes 11 WTO, Report of the Working Party on the Accession of Viet Nam and Viet Nam’s WTO Commitments, https://www.wto.org/english/thewto_e/acc_e/a1_vietnam_e.htm 12 WTO, Trade Policy Review: Viet Nam, https://www.wto.org/english/tratop_e/tpr_e/tp387_e.htm 13 UNCTAD, UNCTAD Series on Issues in International Investment Agreements I/II https://shop.un.org/series/united-nations-conference-trade-and-development-unctad-series-issuesinternational-investment https://shop.un.org/series/unctad-series-issues-international-investment-agreements?page=1 14 UNCTAD, Investment Policy Review: Vietnam, 2008, https://unctad.org/en/pages/PublicationArchive.aspx?publicationid=521 15 OECD, OECD Investment Policy Reviews: Vietnam 2018, https://aanzfta.asean.org/uploads/2018/12/OECD-Investment-Policy-Review-Viet-Nam-2018.pdf 16 OECD, OECD Investment Policy Reviews: Southeast Asia, 2018, https://www.oecd.org/daf/inv/investment-policy/Southeast-Asia-Investment-Policy-Review2019.pdf 12 12 17 World Bank, 2019 Investment Policy and Regulatory Review – Vietnam, https://openknowledge.worldbank.org/bitstream/handle/10986/33598/Vietnam-2019-InvestmentPolicy-and-Regulatory-Review.pdf?sequence=1&isAllowed=y 18 ASEAN Secretariat, ASEAN Comprehensive Investment Agreement (ACIA) – A Guidebook for Businesses and Investors, 2013, http://aadcp2.org/asean-comprehensive-investment-agreement-aguidebook-for-businesses-and-investors/ 19 APEC, Handbook on Obligations in International Investment Agreements, 2020, https://www.apec.org/Publications/2020/09/Handbook-on-Obligations-in-International-InvestmentTreaties 20 US Department of States, 2020 Investment Climate Statements: Vietnam, https://www.state.gov/reports/2020-investment-climate-statements/vietnam/ 21 Other International Investment Agreements and Investor-State Disputes 8.3 Websites UNCTAD, https://investmentpolicy.unctad.org/ UNCITRAL, http://www.uncitral.org ICSID, http://icsid.worldbank.org WTO, http://www.wto.org USTR, http://www.ustr.gov EU, https://ec.europa.eu/trade/ WTO Center, http://www.trungtamwto.vn/ OECD, https://www.oecd.org/ PCA, https://pca-cpa.org/en/home/ 10 SIAC, https://www.siac.org.sg/ 11 ACWL, https://www.acwl.ch/ 12 ICC, https://iccwbo.org/dispute-resolution-services/icc-international-court-arbitration/ 13 SCC, https://sccinstitute.com/ 14 https://www.italaw.com/ 15 http://www.investment-law-digest.com/ 16 https://www.iisd.org/itn/ 17 https://moj.gov.vn/Pages/home.aspx 13 13 TEACHING – LEARNING FORMS 9.1 General Schedule Week Issue Lecture Seminar Team work Selfstudy Total of Assignment credit hours 1 (0) (2) (3) Receiving Assignments 2 (4) (2) (3) 2 (4) (2) (3) 2 (4) (2) (3) (4) (2) (3) Submitting Teamwork Assignment 12 sessions 16 sessions 10 sessions 15 sessions Total of 12 credit hours 5 30 9.2 Detailed Schedule WEEK – ISSUE Format Credit hours Main contents Requirements for preparation - Reading the Course Outline - Introduction of the Course Lecture - Reading: credit - Overview of International Investment + Hanoi Law University, on International hours and International Investment Law Textbook Investment Law, Youth (Definition, History, Sources) Publishing House, Hanoi, 2017, Chapter One, Sections 1,2,3,5 - Reading: Lecture 14 credit - Scope of Invesment Treaties hours + Hanoi Law University, Textbook on International Investment Law, Youth Publishing House, Hanoi, 2017, Chapter One, Section 14 - Reading the materials and the teamwork assignments - Formation of teams Groupwork Self-study Tutoring credit - Discussion of teamwork assignments hour - Outlining the discussion contents and allocation of tasks - Reviewing the lecture notes credit Structure of an international investment - Reading the materials and cases hour agreement cited in textbook - Content: To give professional advice on the methods of studying; tutoring on searching and reading references; other questions related to the course - Time: From 10:20 to 11:50 Monday every week - Venue: Faculty of International Trade and Business Law, Room A1401 WEEK – ISSUE Format Lecture Credit hours Main contents Fundamental Principles credit International Investment Law hours + Most-Favored Nation (MFN) Requirements for preparation of + National Treatment (NT) - Reading: + Hanoi Law University, Textbook on International Investment Law, Youth Publishing House, Hanoi, 2017, Chapter Two and Three Seminar 1 credit Discussion about Most-Favored- - Reading Textbook and lecture notes hour Nation Treatment Principle - Questions given by lecturer Seminar credit Discussion about National Treatment - Reading Textbook and lecture notes hour Principle - Questions given by lecturer Groupwork - Reading the materials and cases credit - Discussion of teamwork assignment - Outlining the discussion contents hour - Discussion of the lecture content - Reviewing the lecture notes Self-study + The application of MFN and NT Principles in investment dispute credit practices (cases) - Reading the materials and cases hour + Umbrella Clause and Other cited in textbook Principles of International Investment Law 15 15 Tutoring - Content: To give professional advice on the methods of studying; tutoring on searching and reading references; other questions related to the course - Time: From 10:20 to 11:50 Monday every week - Venue: Faculty of International Trade and Business Law, Room A1401 WEEK – ISSUE Format Credit hours Main contents Fundamental Principles International Investment Law Lecture Requirements for preparation of - Reading: + Fair and Equitable Treatment + Hanoi Law University, Textbook credit (FET) and Full Protection and on International Investment Law, hours Security (FPS) Youth Publishing House, Hanoi, + Protection against Unlawful 2017, Chapter Four and Five Expropriation Seminar 1 credit Discussion about FET and FPS hour - Reading Textbook and lecture notes Seminar credit Discussion about Expropriation hour - Reading Textbook and lecture notes Groupwork - Reading the materials and cases credit - Discussion of teamwork assignment - Outlining the discussion contents hour - Discussion of the lecture content - Reviewing the lecture notes Self-study + Interpretation of FET, FPS and expropriation in investment dispute credit - Reading the materials and cases settlement (cases) hour cited in textbook + Exceptions to the Principles of International Investment Law Tutoring - Questions given by lecturer - Questions given by lecturer - Content: To give professional advice on the methods of studying; tutoring on searching and reading references; other questions related to the course - Time: From 10:20 to 11:50 Monday every week - Venue: Faculty of International Trade and Business Law, Room A1401 16 16 WEEK – ISSUE Format Credit hours Lecture - Reading: Fundamental Principles of + Hanoi Law University, Textbook credit International Investment Law on International Investment Law, hours + Investor-State Dispute Settlement Youth Publishing House, Hanoi, (ISDS) Mechanism 2017, Chapter Six Main contents Requirements for preparation Discussion about: Seminar + Methods of Investor-State Dispute - Reading Textbook and lecture notes credit Settlement hour - Questions given by lecturer + Jurisdictional Issues in Investment Arbitration Seminar Discussion about Procedural Issues in - Reading Textbook and lecture notes credit Investment Arbitration hour - Questions given by lecturer * Submitting Teamwork Assignment Groupwork - Reading the materials and cases credit - Discussion of teamwork assignment - Outlining the discussion contents hour - Discussion of the lecture - Reviewing the lecture notes Self-study - Procedural aspects of ISDS (cases) credit - Reading the materials and cases - Other Principles of International hour cited in textbook Investment Law Tutoring - Content: To give professional advice on the methods of studying; tutoring on searching and reading references; other questions related to the course - Time: From 10:20 to 11:50 Monday every week - Venue: Faculty of International Trade and Business Law, Room A1401 WEEK – ISSUE Format Lecture 17 Credit hours Main contents credit Vietnam and hours Investment Law: Requirements for preparation International - Reading: + Hanoi Law University, Textbook 17 + International Commitments of on International Investment Law, Vietnam regarding Investment Youth Publishing House, Hanoi, + Vietnam’s ISDS Coordination 2017, Chapter Ten and Twelve Mechanism Discussion about: Seminar + Recent Investment Treaties of - Reading Textbook and lecture notes credit Vietnam (E.g EVIPA, CPTPP) hour - Questions given by lecturer + Vietnam’s ISDS Coordination Mechanism Seminar credit Presentation of Teamwork Assignment - Reading Textbook and lecture notes hour Submitting Semester Assignment - Questions given by lecturer Groupwork - Reading the materials and cases credit - Discussion of teamwork assignment - Outlining the discussion contents hour - Discussion of the lecture - Reviewing the lecture notes Self-study credit Vietnamese Law Regulating - Reading the materials in textbook hour International Investment Relations Tutoring - Content: To give professional advice on the methods of studying; tutoring on searching and reading references; other questions related to the course - Time: From 10:20 to 11:50 Monday every week - Venue: Faculty of International Trade and Business Law, Room A1401 10 POLICIES OF THE COURSE - Course delivery is in accordance with the University’s regulations - Assignments must be submitted by the deadline - Plagiarism in any forms will result in FAIL for the related academic work - Cheating on any exam also results in FAIL to the student who commits the cheating and to the person who allows others to copy his/her work - No excuses for the ignorance of the guidelines for academic works set by Hanoi Law University 11 ASSESSMENT METHODS 11.1 Frequent assessment - Inspections: Students participate in 75% or more of the prescribed hours for each theory or seminar part - Participation in seminars and team assignment 18 18 11.2 Periodical assessment Type of assignment Weight Assessing knowledge and attitudes to participate in seminar 10% 01 Teamwork Assignment or Individual Assignment 30% Final Exam 60% 11.3 Assessment criteria Assessing knowledge and attitudes to participate in seminar - Assessing knowledge: Self-study and understand the lesson (1-7 mark) - Attitudes to participate in seminar: negative/ positive (1-3 mark) - Total: 10 mark Teamwork assignments - Format: Essay - Content: Issues covered in the course - Assessment criteria: Understanding of relevant law and legal policy Critical and analytical response to the topic Structure and organisation of ideas References to, and engagement with, relevant primary legal and secondary scholarly sources Written expression, including use of legal terminology, proof-reading, grammar, and punctuation - General requirements on assignments Referencing style: Follow the University’s guidelines on citations and bibliography (pp 5-9, Annex 2), available at http://dt.hlu.edu.vn/SubNews/Details/17989 Plagiarism in any form is strictly penalized Formatting style: Paper Size: A4, Font: Times New Roman, Size: 13, Margins: Top 2cm, Bottom 2cm, Left 3cm, Right 2cm, Line Spacing: Multiple at 1.3, Spacing: Before 6pt, After 6pt Final examination - Condition to participate in the final exam: 19 Students participate in 75% or more of the prescribed hours for each theory or seminar part Teamwork assignment must be greater than 19 - Format: 100% multiple-choice questions - Content: All issues given in class and other self-studied issues, including all learning objectives listed in Section of this Outline - Assessment criteria: In accordance with the detailed answers given by lecturers LEADER OF SUBJECT 20 20 TABLE OF CONTENTS 10 11 21 Information of lecturers Prerequisite courses Summary of the course Content of the course Output standards of the course Learning objectives The matrix learning objectives with CLOs Materials Teaching – learning forms Policies of the course Assessment methods Page 2 3 12 17 17 21 ... include: 1) Overview of International Investment and International Investment Law 2) Fundamental Principles of International Investment Law 3) Viet Nam and International Investment Law CONTENT OF THE... International Investment and International Investment Law 1.1 Globalization and International Investment 1.2 Historical Development of International Investment Law 1.3 Defining the Scope of Investment. .. International Investment Law Issue Viet Nam and International Investment Law 3.1 International Commitments of Vietnam Regarding Investment 3.2 Vietnamese Law Regulating International Investment
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